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A jury is a sworn body of people (jurors) convened to hear evidence and render an
impartial Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another ...
verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...
(a finding of fact on a question) officially submitted to them by a
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
, or to set a
penalty Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) A p ...
or
judgment Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotle s ...
. Juries developed in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
during the Middle Ages and are a hallmark of the English
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
system. As such, they are used by the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, Australia, and other countries whose legal systems were derived from the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
. But most other countries use variations of the European civil law or Islamic sharia law systems, in which juries are not generally used. Most trial juries are "
petit juries In common law, a petit jury (or trial jury) hears the evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing the evidence and often jury instructions from the judge, the group retires for ...
", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia have phased these out. The modern criminal court jury arrangement has evolved out of the medieval juries in England. Members were supposed to inform themselves of crimes and then of the details of the crimes. Their function was therefore closer to that of a grand jury than that of a jury in a trial.


Etymology

The word ''jury'' derives from
Anglo-Norman Anglo-Norman may refer to: *Anglo-Normans, the medieval ruling class in England following the Norman conquest of 1066 * Anglo-Norman language **Anglo-Norman literature * Anglo-Norman England, or Norman England, the period in English history from 10 ...
''juré'' ("sworn"). Juries are most common in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
adversarial-system
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
s. In the modern system, juries act as triers of fact, while judges act as triers of law (but see
nullification Nullification may refer to: * Nullification (U.S. Constitution), a legal theory that a state has the right to nullify any federal law deemed unconstitutional with respect to the United States Constitution * Nullification Crisis, the 1832 confront ...
). A trial without a jury (in which both questions of fact and
questions of law In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by referenc ...
are decided by a judge) is known as a
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
.


Types of jury


Petit jury

The "petit jury" (or "trial jury", sometimes "petty jury") hears the evidence in a
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal ...
as presented by both the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
(petitioner) and the defendant (respondent) (also known as the complainant and defendant within the English criminal legal system). After hearing the evidence and often
jury instructions Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of leg ...
from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a
hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. T ...
. The size of the jury varies; in criminal cases involving serious felonies there are usually 12 jurors. In civil cases many trials require fewer than twelve jurors.


Grand jury

A grand jury, a type of jury now confined almost exclusively to federal courts and some state jurisdictions in the United States, determines whether there is enough evidence for a
criminal trial Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
to go forward. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of a ...
s, or by investigating alleged
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
s and issuing
presentment A presentment is the act of presenting to an authority a formal statement of a matter to be dealt with. It can be a formal presentation of a matter such as a complaint, indictment or bill of exchange. In early-medieval England, juries of presentmen ...
s. Grand juries are usually larger than trial juries: for example, U.S. federal grand juries have between 16 and 23 members. The
Fifth Amendment to the U.S. Constitution The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...
guarantees Americans the constitutional right to be free from charges for "capital, or otherwise infamous" crimes unless they have been indicted by a grand jury, although this right applies only to federal law, not state law. In addition to their primary role in screening criminal prosecutions and assisting in the investigation of crimes, grand juries in California, Florida, and some other U.S. states are sometimes utilized to perform an investigative and policy audit function similar to that filled by the Government Accountability Office in the United States federal government and legislative state auditors in many U.S. states.


Coroner's jury

A third kind of jury, known as a coroner's jury can be convened in some common law jurisdiction in connection with an inquest by a coroner. A coroner is a public official (often an elected local government official in the United States), who is charged with determining the circumstances leading to a death in ambiguous or suspicious cases, such as of
Jeffrey Epstein Jeffrey Edward Epstein ( ; January 20, 1953August 10, 2019) was an American sex offender and financier. Epstein, who was born and raised in Brooklyn, New York City, began his professional life by teaching at the Dalton School in Manhattan, des ...
. A coroner's jury is generally a body that a coroner can convene on an optional basis in order to increase public confidence in the coroner's finding where there might otherwise be a controversy. In practice, coroner's juries are most often convened in order to avoid the appearance of impropriety by one governmental official in the criminal justice system toward another if no charges are filed against the person causing the death, when a governmental party such as a law enforcement officer is involved in the death.


Composition

Serving on a jury is normally compulsory for individuals who are qualified for jury service. A jury is intended to be an impartial panel capable of reaching a verdict. Procedures and requirements may include a fluent understanding of the language and the opportunity to test jurors' neutrality or otherwise exclude jurors who are perceived as likely to be less than neutral or partial to one side. Juries are initially chosen randomly, usually from the eligible population of adult citizens residing in the court's jurisdictional area. Jury selection in the United States usually includes organized questioning of the prospective jurors (jury pool) by the lawyers for the plaintiff and the defendant and by the judge—
voir dire (; often ; from an Anglo-Norman phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth ( la, verum dicere). This term is ...
—as well as rejecting some jurors because of bias or inability to properly serve ("challenge for cause"), and the discretionary right of each side to reject a specified number of jurors without having to prove a proper cause for the rejection ("peremptory challenge"), before the jury is impaneled. A head juror is called the "foreperson", "foreman" or "presiding juror". The foreperson may be chosen before the trial begins, or at the beginning of the jury's deliberations. The foreperson may be selected by the judge or by vote of the jurors, depending on the jurisdiction. The foreperson's role may include asking questions (usually to the judge) on behalf of the jury, facilitating jury discussions, and announcing the verdict of the jury. Since there is always the possibility of jurors not completing a trial for health or other reasons, often one or more alternate jurors are selected. Alternates are present for the entire trial but do not take part in deliberating the case and deciding the verdict unless one or more of the impaneled jurors are removed from the jury. In Connecticut, alternate jurors are dismissed before the panel of sworn jurors begin deliberation. Connecticut General Statutes 51–243(e) and 54-82h do not allow alternate jurors to be segregated from the regular sworn jurors. In civil cases in Connecticut, C.G.S. 51–243(e) provides that alternate jurors "shall be dismissed." This differs from the power given to the court in criminal trials under C.G.S. 54-82h, permitting the court not to dismiss the alternate jurors, and to have the regular jury panel begin deliberations. When an insufficient number of summoned jurors appear in court to handle a matter, the law in many jurisdictions empowers the jury commissioner or other official convening the jury to involuntarily impress bystanders in the vicinity of the place where the jury is to be convened to serve on the jury.


Historical roots

The modern jury evolved out of the ancient custom of many ancient Germanic tribes whereby a group of men of good character was used to investigate crimes and judge the accused. The same custom evolved into the
vehmic court The Vehmic courts, ''Vehmgericht'', holy vehme, or simply Vehm, also spelt ''Feme'', ''Vehmegericht'', ''Fehmgericht'', are names given to a "proto-vigilante" tribunal system of Westphalia in Germany active during the later Middle Ages, based on a f ...
system in medieval Germany. In Anglo-Saxon England, juries investigated crimes. After the
Norman Conquest The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Con ...
, some parts of the country preserved juries as the means of investigating crimes. The use of ordinary members of the community to consider crimes was unusual in ancient cultures, but was nonetheless also found in ancient Greece. The modern
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...
evolved out of this custom in the mid-12th century during the reign of Henry II. Juries, usually 6 or 12 men, were an "ancient institution" even then in some parts of England, at the same time as Members consisted of representatives of the basic units of local government—''
hundred 100 or one hundred (Roman numeral: C) is the natural number following 99 and preceding 101. In medieval contexts, it may be described as the short hundred or five score in order to differentiate the English and Germanic use of "hundred" to des ...
s'' (an administrative sub-division of the shire, embracing several vills) and villages. Called juries of presentment, these men testified under oath to crimes committed in their neighbourhood. The Assize of Clarendon in 1166 caused these juries to be adopted systematically throughout the country. The jury in this period was "self-informing," meaning it heard very little evidence or testimony in court. Instead, jurors were recruited from the locality of the dispute and were expected to know the facts before coming to court. The source of juror knowledge could include first-hand knowledge, investigation, and less reliable sources such as rumour and hearsay. Between 1166 and 1179 new procedures including a division of functions between the sheriff, the jury of local men, and the royal justices ushered in the era of the
English Common Law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
. Sheriffs prepared cases for trial and found jurors with relevant knowledge and testimony. Jurors 'found' a verdict by witnessing as to fact, even assessing and applying information from their own and community memory—little was written at this time and what was, such as deeds and writs, were subject to fraud. Royal justices supervised trials, answered questions as to law, and announced the court's decision which was then subject to appeal. Sheriffs executed the decision of the court. These procedures enabled Henry II to delegate authority without endowing his subordinates with too much power. ("Henry II" 293) In 1215 the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
removed its sanction from all forms of the ordeal—procedures by which suspects up to that time were 'tested' as to guilt (e.g., in the ordeal of hot metal, molten metal was sometimes poured into a suspected thief's hand. If the wound healed rapidly and well, it was believed God found the suspect innocent, and if not then the suspect was found guilty). With trial by ordeal banned, establishing guilt would have been problematic had England not had forty years of judicial experience. Justices were by then accustomed to asking jurors of presentment about points of fact in assessing indictments; it was a short step to ask jurors if they concluded the accused was guilty as charged. ("Henry II" 358) An early reference to a jury type group in England is in a decree issued by King
Æthelred the Unready Æthelred II ( ang, Æþelræd, ;Different spellings of this king’s name most commonly found in modern texts are "Ethelred" and "Æthelred" (or "Aethelred"), the latter being closer to the original Old English form . Compare the modern diale ...
at
Wantage Wantage () is a historic market town and civil parish in Oxfordshire, England. Although within the boundaries of the historic county of Berkshire, it has been administered as part of the Vale of White Horse district of Oxfordshire since 1974. T ...
(997), which provided that in every Hundred "the twelve leading
thegn In Anglo-Saxon England, thegns were aristocratic landowners of the second rank, below the ealdormen who governed large areas of England. The term was also used in early medieval Scandinavia for a class of retainers. In medieval Scotland, there ...
s together with the reeve shall go out and swear on the relics which are given into their hands, that they will not accuse any innocent man nor shield a guilty one." The resulting Wantage Code formally recognized legal customs that were part of the
Danelaw The Danelaw (, also known as the Danelagh; ang, Dena lagu; da, Danelagen) was the part of England in which the laws of the Danes held sway and dominated those of the Anglo-Saxons. The Danelaw contrasts with the West Saxon law and the Mercian ...
. The testimonial concept can also be traced to
Normandy Normandy (; french: link=no, Normandie ; nrf, Normaundie, Nouormandie ; from Old French , plural of ''Normant'', originally from the word for "northman" in several Scandinavian languages) is a geographical and cultural region in Northwestern ...
before 1066, when a jury of nobles was established to decide land disputes. In this manner, the Duke, being the largest land owner, could not act as a judge in his own case. One of the earliest antecedents of modern jury systems is the jury in
ancient Greece Ancient Greece ( el, Ἑλλάς, Hellás) was a northeastern Mediterranean Sea, Mediterranean civilization, existing from the Greek Dark Ages of the 12th–9th centuries BC to the end of Classical Antiquity, classical antiquity ( AD 600), th ...
, including the
city-state A city-state is an independent sovereign city which serves as the center of political, economic, and cultural life over its contiguous territory. They have existed in many parts of the world since the dawn of history, including cities such as ...
of
Athens Athens ( ; el, Αθήνα, Athína ; grc, Ἀθῆναι, Athênai (pl.) ) is both the capital and largest city of Greece. With a population close to four million, it is also the seventh largest city in the European Union. Athens dominates ...
, where records of jury courts date back to 500
BCE Common Era (CE) and Before the Common Era (BCE) are year notations for the Gregorian calendar (and its predecessor, the Julian calendar), the world's most widely used calendar era. Common Era and Before the Common Era are alternatives to the or ...
. These juries voted by secret ballot and were eventually granted the power to annul
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
laws, thus introducing the practice of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. In modern justice systems, the law is considered "self-contained" and "distinct from other coercive forces, and perceived as separate from the political life of the community," but "all these barriers are absent in the context of classical Athens. In practice and in conception the law and its administration are in some important respects indistinguishable from the life of the community in general." In juries of the Justices in Eyre, the bailiff of the hundred would choose 4 electors who in turn chose 12 others from their hundred, and from these were selected 12 jurors.


18th-century England

In 1730, the British Parliament passed the Bill for Better Regulation of Juries. The Act stipulated that the list of all those liable for jury service was to be posted in each parish and that jury panels would be selected by lot, also known as
sortition In governance, sortition (also known as selection by lottery, selection by lot, allotment, demarchy, stochocracy, aleatoric democracy, democratic lottery, and lottocracy) is the selection of political officials as a random sample from a larger ...
, from these lists. Its aim was to prevent middle-class citizens from evading their responsibilities by financially putting into question the neutrality of the under-sheriff, the official entrusted with impaneling juries. Prior to the Act, the main means of ensuring impartiality was by allowing legal challenges to the sheriff's choices. The new provisions did not specifically aim at establishing impartiality but had the effect of reinforcing the authority of the jury by guaranteeing impartiality at the point of selection.


19th-century England

In 1825, the rules concerning juror selection were consolidated. Property qualifications and various other rules were standardised, although an exemption was left open for towns which "possessed" their own courts. This reflected a more general understanding that local officials retained a large amount of discretion regarding which people they actually summoned. In the late eighteenth century, King has found evidence of butchers being excluded from service in Essex; while Crosby has found evidence of "peripatetic ice cream vendors" not being summoned in the summer time as late as 1923.


20th-century England

After 1919, women were no longer excluded from jury service by virtue of their sex, although they still had to satisfy the ordinary property qualifications. The exemption which had been created by the 1825 Act for towns which "possessed" their own courts meant ten towns were free to ignore the property qualifications. This amplified in these towns the general understanding that local officials had a free hand in summoning freely from among those people who were qualified to be jurors. In 1920, three of these ten towns – Leicester, Lincoln, and Nottingham – consistently empanelled assize juries of six men and six women; while at the Bristol, Exeter, and Norwich assizes no women were empanelled at all. This quickly led to a tightening up of the rules, and an abolition of these ten towns' discretion. After 1922, trial juries throughout England had to satisfy the same qualifications; although it was not until the 1980s that a centralised system was designed for selecting jurors from among the people who were qualified to serve. This meant there was still a great amount of discretion in the hands of local officials.


Trial jury size

The size of the jury is to provide a "cross-section" of the public. In '' Williams v. Florida'', , the Supreme Court of the United States ruled that a
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
jury of six was sufficient, that "the 12-man panel is not a necessary ingredient of "trial by jury," and that respondent's refusal to impanel more than the six members provided for by Florida law "did not violate petitioner's Sixth Amendment rights as applied to the States through the Fourteenth." In '' Ballew v. Georgia'', , the Supreme Court ruled that the number of jurors could not be reduced below six. In ''Brownlee v The Queen'' (2001) 207 CLR 278, the High Court of Australia unanimously held that a jury of 12 members was not an essential feature of "trial by jury" in section 80 of the Australian Constitution. In
Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
, a jury in a criminal trial consists of 15 jurors, which is thought to be the largest in the world. In 2009 a review by the Scottish Government regarding the possibility of reduction led to the decision to retain 15 jurors, with the Cabinet Secretary for Justice stating that after extensive consultation, he had decided that Scotland had got it "uniquely right". Trials in the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
which are scheduled to last over 2 months can, but do not have to, have 15 jurors. A study by the
University of Glasgow , image = UofG Coat of Arms.png , image_size = 150px , caption = Coat of arms Flag , latin_name = Universitas Glasguensis , motto = la, Via, Veritas, Vita , ...
suggested that a civil jury of 12 people was ineffective because a few jurors ended up dominating the discussion, and that seven was a better number because more people feel comfortable speaking, and they have an easier time reaching a unanimous decision.


Integrity

For juries to fulfill their role of analyzing the facts of the case, there are strict rules about their use of information during the trial. Juries are often instructed to avoid learning about the case from any source other than the trial (for example from
media Media may refer to: Communication * Media (communication), tools used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Broadcast media, communications delivered over mass e ...
or the Internet) and not to conduct their own investigations (such as independently visiting a
crime scene A crime scene is any location that may be associated with a committed crime. Crime scenes contain physical evidence that is pertinent to a criminal investigation. This evidence is collected by crime scene investigators (CSI) and law enforcemen ...
). Parties to the case, lawyers, and witnesses are not allowed to speak with a member of the jury. Doing these things may constitute
reversible error In United States law, a reversible error is an error of sufficient gravity to warrant reversal of a judgment on appeal. It is an error by the trier of law (judge), or the trier of fact (the jury, or the judge if it is a bench trial), or malfeasa ...
. Rarely, such as in very high-profile cases, the court may order a jury sequestered for the deliberation phase or for the entire trial. Jurors are generally required to keep their deliberations in strict confidence during the trial and deliberations, and in some jurisdictions even after a verdict is rendered. In Canadian and English law, the jury's deliberations must never be disclosed outside the jury, even years after the case; to repeat parts of the trial or verdict is considered to be contempt of court, a criminal offense. In the United States, confidentiality is usually only required until a verdict has been reached, and jurors have sometimes made remarks that called into question whether a verdict was properly reached. In Australia, academics are permitted to scrutinize the jury process only after obtaining a certificate or approval from the Attorney-General. Because of the importance of preventing
undue influence Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a per ...
on a jury,
jury tampering Jury tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial. The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensur ...
(like
witness tampering Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings. Witness tampering and reprisals against witnesses in organized crime cases have been a difficul ...
) is a serious crime, whether attempted through bribery,
threat of violence In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent, it is considered an intentional ...
, or other means. Jurors themselves can also be held liable if they deliberately compromise their impartiality.


Role

The role of the jury is described as that of a
finder of fact A trier of fact or finder of fact is a person or group who determines which Question of fact, facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from th ...
, while the judge is seen as having the sole responsibility of interpreting the appropriate law and instructing the jury accordingly. The jury determines the truth or falsity of factual allegations and renders a verdict on whether a criminal defendant is guilty, or a civil defendant is civilly liable. Sometimes a jury makes specific findings of fact in what is called a "special verdict". A verdict without specific findings of fact that includes only findings of guilt, or civil liability and an overall amount of civil damages, if awarded, is called a "general verdict". Juries are often justified because they leaven the law with community norms. A jury trial verdict in a case is binding only in that case, and is not a legally binding precedent in other cases. For example, it would be possible for one jury to find that particular conduct is negligent, and another jury to find that the conduct is not negligent, without either verdict being legally invalid, on precisely the same factual evidence. Of course, no two witnesses are exactly the same, and even the same witness will not express testimony in exactly the same way twice, so this would be difficult to prove. It is the role of the judge, not the jury, to determine what law applies to a particular set of facts. However, occasionally jurors find the law to be invalid or unfair, and on that basis acquit the defendant, regardless of the evidence presented that the defendant violated the law. This is commonly referred to as "jury nullification of law" or simply
jury nullification Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the ...
. When there is no jury ("bench trial"), the judge makes rulings on both questions of law and of fact. In most continental European jurisdictions, judges have more power in a trial and the role and powers of a jury are often restricted. Actual jury law and trial procedures differ significantly between countries. The collective knowledge and deliberate nature of juries are also given as reasons in their favor:
Detailed interviews with jurors after they rendered verdicts in trials involving complex expert testimony have demonstrated careful and critical analysis. The interviewed jurors clearly recognized that the experts were selected within an adversary process. They employed sensible techniques to evaluate the experts’ testimony, such as assessing the completeness and consistency of the testimony, comparing it with other evidence at the trial, and evaluating it against their own knowledge and life experience. Moreover, the research shows that in deliberations jurors combine their individual perspectives on the evidence and debate its relative merits before arriving at a verdict.
In the United States, juries are sometimes called on, when asked to do so by a judge in the jury instructions, to make factual findings on particular issues. This may include, for example, aggravating circumstances which will be used to elevate the defendant's sentence if the defendant is convicted. This practice was required in all death penalty cases in '' Blakely v. Washington'', , where the Supreme Court ruled that allowing judges to make such findings unilaterally violates the Sixth Amendment right to a jury trial. A similar Sixth Amendment argument in '' Apprendi v. New Jersey'', resulted in the Supreme Court's expansion of the requirement to all criminal cases, holding that "any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt". Many U.S. jurisdictions permit the seating of an advisory jury in a civil case in which there is no right to trial by jury to provide non-binding advice to the trial judge, although this procedural tool is rarely used. For example, a judge might seat an advisory jury to guide the judge in awarding non-economic damages (such as "pain and suffering" damages) in a case where there is no right to a jury trial, such as (depending on state law) a case involving "equitable" rather than "legal" claims. In Canada, juries are also allowed to make suggestions for sentencing periods at the time of sentencing. The suggestions of the jury are presented before the judge by the Crown prosecutor(s) before the sentence is handed down. In a small number of U.S. jurisdictions, including the states of Tennessee and Texas, juries are charged both with the task of finding guilt or innocence as well assessing and fixing sentences. However, this is not the practice in most other legal systems based on the English tradition, in which judges retain sole responsibility for deciding sentences according to law. The exception is the award of
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
in English law libel cases, although a judge is now obliged to make a recommendation to the jury as to the appropriate amount. In legal systems based on English tradition, findings of fact by a jury, and jury conclusions that could be supported by jury findings of fact even if the specific factual basis for the verdict is not known, are entitled to great deference on appeal. In other legal systems, it is generally possible for an appellate court to reconsider both findings of fact and conclusions of law made in the trial court, and in those systems, evidence may be presented to appellate courts in what amounts to a trial de novo (new trial) of appealed findings of fact. The finality of trial court findings of fact in legal systems based on the English tradition has a major impact on court procedure in these systems. This makes it imperative that lawyers be highly prepared for trial because errors and misjudgments related to the presentation of evidence at trial to a jury cannot generally be corrected later on appeal, particularly in court systems based on the English tradition. The higher the stakes, the more this is true. Surprises at trial are much more consequential in court systems based on the English tradition than they are in other legal systems.


Jury nullification

''Jury nullification'' means deciding not to apply the law to the facts in a particular case by jury decision. In other words, it is "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her." In the 17th and 18th centuries, there was a series of such cases, starting in 1670 with the trial of the Quaker
William Penn William Penn ( – ) was an English writer and religious thinker belonging to the Religious Society of Friends (Quakers), and founder of the Province of Pennsylvania, a North American colony of England. He was an early advocate of democracy a ...
which asserted the (de facto) right, or at least power, of a jury to render a verdict contrary to the facts or law. A good example is the case of one Carnegie of Finhaven who in 1728 accidentally killed the Scottish
Earl of Strathmore Earl of Strathmore and Kinghorne is a title in the Peerage of Scotland and the Peerage of the United Kingdom. It was first created as Earl of Kinghorne in the Peerage of Scotland in 1606 for Patrick Lyon. In 1677, the designation of the earldom ...
. As the defendant had undoubtedly killed the Earl, the law (as it stood) required the jury to render the verdict that the case had been "proven" and cause Carnegie of Finhaven to die for an accidental killing. Instead, the jury asserted what is believed to be their "ancient right" to judge the whole case and not just the facts and brought in the verdict of "not guilty". Today in the United States, juries are instructed by the judge to follow the judge's instructions concerning what is the law and to render a verdict solely on the evidence presented in court. Important past exercises of nullification include cases involving
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
(see
Fugitive Slave Act of 1850 The Fugitive Slave Act or Fugitive Slave Law was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers. The Act was one of the most con ...
), freedom of the press (see
John Peter Zenger John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed ''The New York Weekly Journal''. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but t ...
), and
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freed ...
(see
William Penn William Penn ( – ) was an English writer and religious thinker belonging to the Religious Society of Friends (Quakers), and founder of the Province of Pennsylvania, a North American colony of England. He was an early advocate of democracy a ...
). In ''
United States v. Moylan ''United States v. Moylan'', 417 F.2d 1002, 1003 (4th Cir. 1969), was a United States Court of Appeals for the Fourth Circuit case affirming a district court's refusal to permit defense counsel to argue for jury nullification. Background At 12:50 ...
'', ,
Fourth Circuit Court of Appeal The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryla ...
unanimously ruled: "If the jury feels that the law under which the defendant is accused is unjust, or exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the right to acquit, and the courts must abide that decision." The Fully Informed Jury Association is a non-profit educational organization dedicated to informing jurors of their rights and seeking the passage of laws to require judges to inform jurors that they can and should judge the law. In '' Sparf v. United States'', , the Supreme Court, in a 5–4 decision, held that a trial judge has no responsibility to inform the jury of the right to nullify laws. Modern American jurisprudence is generally intolerant of the practice, and a juror can be removed from a case if the judge believes that the juror is aware of the power of nullification.


Jury equity

In the United Kingdom, a similar power exists, often called "jury equity". This enables a jury to reach a decision in direct contradiction with the law if they feel the law is unjust. This can create a persuasive precedent for future cases, or render prosecutors reluctant to bring a charge – thus a jury has the power to influence the law. The standard justification of jury equity is taken from the final few pages of
Lord Devlin Patrick Arthur Devlin, Baron Devlin, PC, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court judge in the 20th century, he served as a Lord of Appeal in Ordinary fro ...
's book ''Trial by Jury''. Devlin explained jury equity through two now-famous metaphors: that the jury is "the lamp that shows that freedom lives" and that it is a "little parliament". The second metaphor emphasises that, just as members of parliament are generally dominated by government but can occasionally assert their independence, juries are usually dominated by judges but can, in extraordinary circumstances, throw off this control. Devlin thereby sought to emphasise that neither jury equity nor judicial control is set in stone. Perhaps the best example of modern-day jury equity in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
was the acquittal of
Clive Ponting Clive Sheridan Ponting (13 April 1946 – 28 July 2020)Richard Norton-Taylor, "The Ponting Affair", Cecil Woolf, London, 1985, p. 14. was a senior British civil servant and historian. He was best known for leaking documents about the sinkin ...
, on a charge of revealing secret information, under section 2 of the
Official Secrets Act 1911 The Official Secrets Act 1911 (1 & 2 Geo 5 c 28) is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889. The Act was introduced in response to public alarm at reports of wide-scale espionage, some of them f ...
in 1985. Mr Ponting's defence was that the revelation was in the public interest. The trial judge directed the jury that "the public interest is what the government of the day says it is" – effectively a direction to the jury to convict. Nevertheless, the jury returned a verdict of not guilty. Another example is the acquittal in 1989 of
Michael Randle Michael Randle (born 1933) is an English peace campaigner and researcher known for his involvement in nonviolent direct action in Britain and also for his role in helping the Soviet spy George Blake escape from a British prison. Early life Born ...
and
Pat Pottle Patrick Brian Pottle (8 August 1938 – 1 October 2000), a long-time anti-war campaigner, was a founding member of the Committee of 100, an anti-nuclear direct action group which broke away from the Campaign for Nuclear Disarmament (CND). He wa ...
, who confessed in open court to charges of springing the
Soviet The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nation ...
spy Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangib ...
George Blake George Blake ( Behar; 11 November 1922 – 26 December 2020) was a spy with Britain's Secret Intelligence Service (MI6) and worked as a double agent for the Soviet Union. He became a communist and decided to work for the MGB while a pri ...
from
Wormwood Scrubs Prison HM Prison Wormwood Scrubs (nicknamed "The Scrubs") is a Category B men's local prison, located opposite Hammersmith Hospital and W12 Conferences on Du Cane Road in the White City in West London, England. The prison is operated by His Majesty's ...
and smuggling him to
East Germany East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...
in 1966. Pottle successfully appealed to the jury to disregard the judge's instruction that they consider only whether the defendants were guilty in law, and assert a jury's ancient right to throw out a politically motivated prosecution, in this case, compounded by its cynical untimeliness.New Statesman
2000-10-09.
In Scotland (with a separate legal system from that of England and Wales) although technically the "not guilty" verdict was originally a form of jury nullification, over time the interpretation has changed so that now the "not guilty" verdict has become the normal one when a jury is not persuaded of guilt and the "not proven" verdict is only used when the jury is not certain of innocence or guilt. It is absolutely central to Scottish and English law that there is a
presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must presen ...
. It is not a trivial distinction since any shift in the burden of proof is a significant change which undermines the safeguard for the citizen.


Non-trial juries

Besides petit juries for jury trials and grand juries for issuing indictments, juries are sometimes used in non-legal or quasi-legal contexts. Blue ribbon juries attend to civic matters as an ad-hoc body in the executive branch of a government. Outside government, a jury or panel of judges may make determinations in
competition Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, indiv ...
, such as at a
wine tasting Wine tasting is the sensory examination and evaluation of wine. While the practice of wine tasting is as ancient as its production, a more formalized methodology has slowly become established from the 14th century onward. Modern, professional w ...
,
art exhibition An art exhibition is traditionally the space in which art objects (in the most general sense) meet an audience. The exhibit is universally understood to be for some temporary period unless, as is rarely true, it is stated to be a "permanent exhi ...
, talent contest, or
reality game show Reality television is a genre of television programming that documents purportedly unscripted real-life situations, often starring unfamiliar people rather than professional actors. Reality television emerged as a distinct genre in the early 19 ...
. These types of contests are juried competitions. Blue ribbon juries are juries selected from prominent, well-educated citizens, sometimes to investigate a particular problem such as civic corruption. Blue ribbon juries cannot be used in real trials, which require constitutional safeguards to produce a jury of one's peers. The blue-ribbon jury is intended to overcome the problems of ordinary juries in interpreting complex technical or commercial questions. In the United States, blue-ribbon juries were provided for by statutes, the terms varying by jurisdiction.


Trial procedures


Australia


States

Each
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
may determine the extent to which the use of a jury is used. The use of a jury is optional for
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
trials in any Australian state. The use of a jury in criminal trials is generally by a unanimous verdict of 12 lay members of the public. Some States provide exceptions such as majority (11-to-1 or 10-to-2) verdicts where a jury cannot otherwise reach a verdict. All states except Victoria allow a person accused of a criminal offence to elect to be tried by a judge-alone rather than the default jury provision.


Commonwealth (Federal)

The Constitution of Australia provides in section 80 that 'the trial on indictment of any offence against any law of the Commonwealth shall be by jury'. Trial by jury. The Commonwealth can determine which offences are 'on indictment'. It would be entirely consistent with the Constitution that a homicide offence could be tried not 'on indictment,' or conversely that a simple assault could be tried 'on indictment.' This interpretation has been criticized as a 'mockery' of the section, rendering it useless.. Where a trial 'on indictment' has been prescribed, it is an essential element that it be found by a unanimous verdict of guilty by 12 lay members of the public. This requirement stems from the (historical) meaning of 'jury' at the time that the Constitution was written and is (in principle) thus an integral element of trial by jury. Unlike in the Australian states, an accused person cannot elect a Judge-only trial, even where both the accused and the prosecutor seek such a trial.


Belgium

The Belgian Constitution provides that all cases involving the most serious crimes be judged by juries. As a safeguard against libel cases, press crimes can also only be tried by a jury. Racism is excluded from this safeguard. Twelve jurors decide by a qualified majority of two-thirds whether the defendant is guilty or not. A tied vote result in 'not guilty'; a '7 guilty – 5 not guilty' vote is transferred to the 3 professional judges who can, by unanimity, reverse the majority to 'not guilty'. The sentence is delivered by a majority of the 12 jurors and the 3 professional judges. As a result of the ''Taxquet'' ruling the juries give nowadays the most important motives that lead them to their verdict. The procedural codification has been altered to meet the demands formulated by the European Court of Human Rights.


Brazil

The Constitution of Brazil provides that only willful crimes against life, namely full or attempted murder,
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
, infanticide and suicide instigation, be judged by juries. Seven jurors vote in secret to decide whether the defendant is guilty or not, and decisions are taken by the majority. Manslaughter and other crimes in which the killing was committed without intent, however, are judged by a professional judge instead.


Canada

In
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, juries are used for some criminal trials but not others. For summary conviction offences or offences found under section 553 of the
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
(theft and fraud up to the value of $5,000 and certain nuisance offences), the trial is before a judge alone. For most indictable offences, the accused person can elect to be tried by either a judge alone or a judge and jury. In the most serious offences, found i
section 469
of the Criminal Code (such as murder or
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
), a judge and a jury are always used, unless both the accused and the prosecutor agree that the trial should not be in front of a jury. The jury's verdict on the ultimate disposition of guilt or innocence must be unanimous, but can disagree on the evidentiary route that leads to that disposition. Juries do not make a recommendation as to the length of sentence, except for parole ineligibility for second-degree murder (but the judge is not bound by the jury's recommendation, and the jury is not required to make a recommendation). Jury selection is in accordance with specific criteria. Prospective jurors may only be asked certain questions, selected for direct pertinence to impartiality or other relevant matters. Any other questions must be approved by the judge. A jury in a criminal trial initially has 12 members. The trial judge has the discretion to direct that one or two alternate jurors also be appointed. If a juror is discharged during the course of the trial, the trial will continue with an alternate juror, unless the number of jurors goes below 10. The ''Canadian Charter of Rights and Freedoms'' guarantees that anyone tried for an offense that has a maximum sentence of five or more years has the right to be tried by a jury (except for an offence under
military law Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
). The names of jurors are protected by a
publication ban A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim o ...
. There is a specific criminal offense for disclosing anything that takes place during jury deliberations. Juries are infrequently used in civil trials in Canada. There are no civil juries in the courts of the Province of Quebec, nor in the Federal Court.


France


In the Cour d'assises

Three professional judges sit alongside six jurors in first instance proceedings or nine in appeal proceedings. Before 2012, there were nine or twelve jurors, but this was reduced to cut spending. A two-thirds majority is needed in order to convict the defendant. During these procedures, judges and jurors have equal positions on questions of fact, while judges decide on questions of procedure. Judges and jurors also have equal positions on sentencing.


Germany

Trial by jury was introduced in most German states after the revolutionary events of 1848. However, it remained controversial; and, early in the 20th century, there were moves to abolish it. The
Emminger Reform The Emminger Decree or Emminger Reform (german: Emminger Verordnung, ''Lex Emminger'', or '; formally the ') was an emergency decree in the democratic Weimar Republic by Justice Minister Erich Emminger ( BVP) on 4 January 1924 that among other thing ...
of January 4, 1924, during an Article 48 state of emergency, abolished the jury system and replaced it with a mixed system including bench trials and
lay judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permane ...
s. In 1925, the
Social Democrats Social democracy is a political, social, and economic philosophy within socialism that supports political and economic democracy. As a policy regime, it is described by academics as advocating economic and social interventions to promote so ...
called for the reinstitution of the jury; a special meeting of the German Bar demanded revocation of the decrees, but "on the whole the abolition of the jury caused little commotion". Their verdicts were widely perceived as unjust and inconsistent. Today, most misdemeanors are tried by a ''Strafrichter'', meaning a single judge at an ''Amtsgericht''; felonies and more severe misdemeanors are tried by a ''Schöffengericht'', also located at the ''Amtsgericht'', composed of 1 judge and 2 lay judges; some felonies are heard by ''Erweitertes Schöffengericht'', or extended ''Schöffengericht'', composed of 2 judges and 2 lay judges; severe felonies and other "special" crimes are tried by the ''große Strafkammer'', composed of 3 judges and 2 lay judges at the ''Landgericht'', with specially assigned courts for some crimes called ''Sonderstrafkammer''; felonies resulting in the death of a human being are tried by the ''Schwurgericht'', composed of 3 judges and 2 lay judges, located at the ''Landgericht''; and serious crimes against the state are tried by the ''Strafsenat'', composed of 5 judges, at an ''Oberlandesgericht''. In some civil cases, such as commercial law or patent law, there are also lay judges, who have to meet certain criteria (e.g., being a merchant).


Hong Kong

Article 86 of the
Hong Kong Basic Law The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ...
assures the practice of jury trials. Criminal cases in the High Court and some civil cases are tried by a jury in
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...
. There is no jury in the District Court. In addition, from time to time, the Coroner's Court may summon a jury to decide the cause of death in an inquest. Criminal cases are normally tried by a 7-person jury and sometimes, at the discretion of the court, a 9-person jury. Nevertheless, the Jury Ordinance requires that a jury in any proceedings should be composed of at least 5 jurors. Although article 86 of the basic law states that ‘the principle of trial by jury previously practiced in Hong Kong shall be maintained’, it does not guarantee that every case is to be tried by a jury. In the case ''Chiang Lily v. Secretary for Justice'' (2010), the Court of Final Appeal agreed that ‘there is no right to trial by jury in Hong Kong.’


India

Jury trials were abolished in most Indian courts by the 1973 Code of Criminal Procedure . Nanavati Case was not the last Jury trial in India. West Bengal had Jury trials as late as 1973. Juries were not mentioned in the 1950
Indian Constitution The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...
, and it was ignored in many Indian states. The
Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
recommended their abolition in 1958 in its 14th Report. They were retained in a discreet manner for
Parsi Parsis () or Parsees are an ethnoreligious group of the Indian subcontinent adhering to Zoroastrianism. They are descended from Persians who migrated to Medieval India during and after the Arab conquest of Iran (part of the early Muslim conq ...
divorce courts, wherein a panel of members called 'delegates' are randomly selected from the community to decide the fact of the case. Parsi divorce law is governed by 'The Parsi Marriage and Divorce Act, 1936' as amended in 1988, and is a mixture of the Panchayat legal system and jury process.


Ireland

The law in Ireland is historically based on English common law and had a similar jury system. Article 38 of the 1937
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
mandates trial by jury for criminal offences, with exceptions for minor offences, military tribunals, and where "the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order". ''
DPP v McNally DPP may stand for: Business *Digital Production Partnership, of UK public service broadcasters * Direct Participation Program, a financial security * Discounted payback period Photography * Digital Photo Professional, Canon software Law e ...
'' sets out that a jury has the right to reach a not guilty verdict even in direct contradiction of the evidence. The principal statute regulating the selection, obligations and conduct of juries is the Juries Act 1976 as amended by the Civil Law (Miscellaneous Provisions) Act 2008. There is a fine of €500 for failing to report for jury service, though this was poorly enforced until a change of policy at the Courts Service in 2016. Criminal jury trials are held in the Circuit Court or the Central Criminal Court. Juryless trials under the inadequacy exception, dealing with terrorism or organised crime, are held in the
Special Criminal Court The Special Criminal Court (SCC; ga, Cúirt Choiriúil Speisialta) is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases. Legal basis Article 38 of the Constitution of Ireland empowers the Dáil to ...
, on application by the Director of Public Prosecutions (DPP). Juries are also used in some civil law trials, such as for defamation; they are sometimes used at coroner's inquests. Normally consisting of twelve persons, juries are selected from a jury panel which is picked at random by the
county A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
registrar A registrar is an official keeper of records made in a register. The term may refer to: Education * Registrar (education), an official in an academic institution who handles student records * Registrar of the University of Oxford, one of the se ...
from the electoral register. Juries only decide questions of fact and have no role in criminal sentencing. It is not necessary that a jury be unanimous in its verdict. In civil cases, a verdict may be reached by a majority of nine of the twelve members. In a criminal case, a verdict need not be unanimous where there are not fewer than eleven jurors if ten of them agree on a verdict after considering the case for a "reasonable time". Juries are not paid, nor do they receive travel expenses; however they do receive lunch for the days that they are serving. The
Law Reform Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
examined jury service, producing a consultation paper in 2010 and then a report in 2013. One of its recommendations, to permit extra jurors for long trials in case some are excused, was enacted in 2013. In November 2013, the DPP requested a 15-member jury at the trial of three Anglo Irish Bank executives. Where more than twelve jurors are present, twelve will be chosen by lot to retire and consider the verdict.


Italy

In
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, a civil law jurisdiction, untrained judges are present only in the
Corte d'Assise The Corte d'Assise ( en, Court of Assizes) is an Italian court composed of two professional, stipendiary judges or ''giudici togati''; and six lay judges or ''giudici popolari'', who are selected from the people. The Corte d'Assise has jurisdictio ...
, where two career magistrates are supported by six so-called ''lay judges'', who are chosen by lot from the registrar of voters. Any Italian citizen, with no distinction of sex or religion, between 30 and 65 years of age, can be appointed as a lay judge; in order to be eligible as a lay judge for the ''Corte d'Assise'', however, there is a minimum educational requirement, as the lay judge must have completed his/her education at the ''Scuola Media'' (junior high school) level, while said level is raised for the ''Corte d'Assise d'Appello'' (appeal level of the Corte d'Assise) to the ''Scuola Superiore'' (senior high school) degree. In the Corte d'Assise, decisions concerning both fact and law matters are taken by the
stipend A stipend is a regular fixed sum of money paid for services or to defray expenses, such as for scholarship, internship, or apprenticeship. It is often distinct from an income or a salary because it does not necessarily represent payment for work p ...
iary judges and "lay judges" together at a special meeting behind closed doors, named ''Camera di Consiglio'' ("Counsel Chamber"), and the Court is subsequently required to publish written explanations of its decisions within 90 days from the verdict. Errors of law or inconsistencies in the explanation of a decision can and usually will lead to the annulment of the decision. A Court d'Assise and a Court d'Assise d'Appello decides on a majority of votes, and therefore predominantly on the votes of the lay judges, who are a majority of six to two, but in fact lay judges, who are not trained to write such explanation and must rely on one or the other stipendiary judge to do it, are effectively prevented from overruling both of them. The ''Corte d'Assise'' has jurisdiction to try crimes carrying a maximum penalty of 24 years in prison or life imprisonment, and other serious crimes; felonies that fall under its jurisdiction include
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
, murder, manslaughter, severe attempts against State personalities, as well as some matters of law requiring ethical and professional evaluations (e.g. assisted suicide), while it generally has no jurisdiction over cases whose evaluation requires knowledge of law which the "lay judges" generally do not have. Penalties imposed by the court can include
life sentences Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes ...
.


New Zealand

Juries are used in all trials involving Category 4 offences such as treason, murder and manslaughter, although in exceptional circumstances a judge-alone trial may be ordered. At the option of the defendant, juries may be used in trials involving Category 3 offences, that is, offences where the maximum penalty available is two years' imprisonment or greater. In civil cases, juries are only used in cases of defamation, false imprisonment and malicious prosecution. Juries must initially try to reach a unanimous verdict, but if one cannot be reached in a reasonable timeframe, the judge may accept a majority verdict of all-but-one (i.e. 11–1 or 10–1) in criminal cases and three-quarters (i.e. 9–3 or 9–2) in civil cases.


Norway

Juries existed in Norway as early as the year 800, and perhaps even earlier. They brought the jury system to
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and Scotland. Juries were phased out as late as the 17th century, when Norway's central government was in
Copenhagen Copenhagen ( or .; da, København ) is the capital and most populous city of Denmark, with a proper population of around 815.000 in the last quarter of 2022; and some 1.370,000 in the urban area; and the wider Copenhagen metropolitan ar ...
,
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
. Though Norway and Denmark had different legal systems throughout their personal union (1387–1536), and later under the governmental union (1536–1814), there was attempt to harmonize the legal systems of the two countries. Even if juries were abolished, the layman continued to play an important role in the legal system throughout in Norway. The jury was reintroduced in 1887, and was then solely used in criminal cases on the second tier of the three-tier Norwegian court system (" Lagmannsretten"). The jury consisted of 10 people, and had to reach a majority verdict consisting of seven or more of the jurors. The jury never gave a reason for its verdict, rather it simply gave a "guilty" or "non-guilty" verdict. The jury foreperson, elected by the jury on the first day, with three other jury members also made up the majority in the sentencing, if the accused were found guilty. In Norway the term "guilty", is not used, only yes or no to the actions asked them to consider done by the accused by the prosecutor. The last jury case was in 2018, after juries were abolished after the European Court condideres that no-one should be sentenced without the considerations in the judgement. In a sense, the concept of being judged by one's peers existed on both the first and second tier of the Norwegian court system: In Tingretten, one judge and two lay judges preside, and in Lagmannsretten two judges and five lay judges preside. The lay judges do not hold any legal qualification, and represent the peers of the person on trial, as members of the general public. As a guarantee against any abuse of power by the educated elite, the number of lay judges always exceeds the number of appointed judges. In the Supreme Court, only trained lawyers are seated.


Russia

The right to a jury trial is provided by Constitution of Russian Federation but for criminal cases only and in the procedure defined by law. Initially, the Criminal Procedure Code, which was adopted in 2001, provided that the right to a jury trial could be realized in criminal cases which should be heard by regional courts and military courts of military districts/fleets as the courts of first instance; the jury was composed of 12 jurors. In 2008, the anti-state criminal cases (treason, espionage, armed rebellion, sabotage, mass riot, creating an illegal paramilitary group, forcible seizure of power, terrorism) were removed from the jurisdiction of the jury trial. From 1 June 2018, defendants can claim a jury trial in criminal cases which are heard by district courts and garrison military courts as the courts of first instance; from that moment on, the jury is composed of 8 (in regional courts and military courts of military districts/fleets) or 6 (in district courts and garrison military courts) jurors. A juror must be 25 years old, legally competent, and without a criminal record.


Spain

Spain has no strong tradition of using juries. However, there is some mentions in the
Bayonne Statute The Bayonne Statute ( es, Estatuto de Bayona),Ignacio Fernández Sarasola Biblioteca Virtual Miguel de Cervantes. Retrieved 2010-03-12. also called the Bayonne Constitution () or the Bayonne Charter (), was a constitution or a royal charter () a ...
of 1808. Later, Article 307 of the
Spanish Constitution of 1812 The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constitut ...
allowed the ''Cortes'' to pass legislation if they felt that over the time it was needed to distinguish between "judges of law" and "judges of facts". Such legislation however was never enacted. Article 2 of the
Spanish Constitution of 1837 The Spanish Constitution of 1837 was the constitution of Spain from 1837 to 1845. Its principal legacy was to restore the most progressive features of the Spanish Constitution of 1812 and to entrench the concepts of constitutionalism, parliamen ...
while proclamating the freedom of the people to publicate written contents without previous censorship according to the laws also provided that "press crimes" could only be tried by juries. This meant that a ''grand jury'' would need to indict, and a ''petit jury'' would need to convict. Juries were later abolished in 1845, but were later restored in 1869 for all "political crimes" and "those common crimes the law may deem appropriate to be so tried by a jury". A Law concerning the Jury entered into force on January 1, 1899, and lasted until 1936, where juries were again disbanded with the outbreak of the Spanish Civil War. The actual Constitution of 1978 permits the ''Cortes Generales'' to pass legislation allowing juries in criminal trials. The provision is arguably somewhat vague: ''"Article 125 – Citizens may engage in popular action and participate in the administration of justice through the institution of the Jury, in the manner and with respect to those criminal trials as may be determined by law, as well as in customary and traditional courts."'' Jury trials can only happen in the criminal jurisdiction and it is not a choice of the defendant to be tried by jury, or by a single judge or a panel of judges. Organic Law 5/1995, of May 22 regulates the categories of crimes in which a trial by jury is mandatory. For all other crimes, a single judge or a panel of judges will decide both on facts and the law. Spanish juries are composed of 9 citizens and a professional Judge. Juries decide on facts and whether to convict or acquit the defendant. In case of conviction they can also make recommendations such as if the defendant should be pardoned if they asked to, or if they think the defendant could be released on parole, etc. One of the first jury trial cases was that of Mikel Otegi who was tried in 1997 for the murder of two police officers. After a confused trial, five jury members of a total of nine voted to acquit and the judge ordered the accused set free. This verdict shocked the nation. An alleged miscarriage of justice by jury trial was the Wanninkhof murder case.


Sweden

In press libel cases and other cases concerning offenses against freedom of the press, the question of whether or not the printed material falls outside permissible limits is submitted to a jury of 9 members which provides a pre-screening before the case is ruled on by normal courts. In these cases 6 out of 9 jurors must find against the defendant, and may not be overruled in cases of acquittal. Sweden has no tradition of using juries in most types of criminal or civil trial. The sole exception, since 1815, is in cases involving freedom of the press, prosecuted under Chapter 7 of the Freedom of the Press Act, part of Sweden's constitution. The most frequently prosecuted offence under this act is defamation, although in total eighteen offences, including high treason and espionage, are covered. These cases are tried in district courts (first tier courts) by a jury of nine laymen. The jury in press freedom cases rules only on the facts of the case and the question of guilt or innocence. The trial judge may overrule a jury's guilty verdict, but may not overrule an acquittal. A conviction requires a majority verdict of 6–3. Sentencing is the sole prerogative of judges. Jury members must be Swedish citizens and resident in the county in which the case is being heard. They must be of sound judgement and known for their independence and integrity. Combined, they should represent a range of social groups and opinions, as well as all parts of the county. It is the county council that have the responsibility to appoints juries for a tenure of four years under which they may serve in multiple cases. The appointed jurymen are divided into two groups, in most counties the first with sixteen members and the second with eight. From this pool of available jurymen the court hears and excludes those with conflicts of interest in the case, after which the defendants and plaintiffs have the right to exclude a number of members, varying by county and group. The final jury is then randomly selected by drawing of lots. Juries are not used in other criminal and civil cases. For most other cases in the first and second tier courts lay judges sit alongside professional judges. Lay judges participate in deciding both the facts of the case and sentencing. Lay judges are appointed by local authorities, or in practice by the political parties represented on the authorities. Lay judges are therefore usually selected from among nominees of ruling political parties.


United Kingdom


England and Wales

In England and Wales jury trials are used for criminal cases, requiring 12 jurors (between the ages of 18 and 75), although the trial may continue with as few as 9. The right to a jury trial has been enshrined in English law since Magna Carta in 1215, and is most common in serious cases, although the defendant can insist on a jury trial for most criminal cases. Jury trials in complex fraud cases have been described by some members and appointees of the Labour Party as expensive and time-consuming. In contrast, the
Bar Council {{see also, Bar association A bar council ( ga, Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profes ...
,
Liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
and other political parties have supported the idea that trial by jury is at the heart of the judicial system and placed the blame for a few complicated jury trials failing on inadequate preparation by the prosecution. On 18 June 2009 the
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
,
Lord Judge Igor Judge, Baron Judge, (born 19 May 1941) is an English former judge who served as the Lord Chief Justice of England and Wales, the head of the judiciary, from 2008 to 2013. He was previously President of the Queen's Bench Division, at the ...
, sitting in the Court of Appeal, made English legal history by ruling that a criminal trial in the Crown Court could take place without a jury, under the provisions of the
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...
. Jury trials are also available for some few areas of civil law (for example defamation cases and those involving police conduct); these also require 12 jurors (9 in the County Court). However less than 1% of civil trials involve juries. At the new Manchester Civil Justice Centre, constructed in 2008, fewer than 10 of the 48 courtrooms had jury facilities.


Northern Ireland

During
the Troubles The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an " ...
in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, jury trials were suspended and trials took place before
Diplock Courts Diplock courts were criminal courts in Northern Ireland for non-jury trial of specified serious crimes ("scheduled offences"). They were introduced by the Northern Ireland (Emergency Provisions) Act 1973, used for political and terrorism-relat ...
. These were essentially
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
s before judges only. This was to combat
jury nullification Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the ...
and the intimidation of juries.


Scotland

In Scottish criminal trials, juries are composed of fifteen residents, while in civil trials there is a jury of 12 people.


United States

In criminal law in federal courts and a minority of state court systems of the United States, a grand jury is convened to hear only
testimony In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. ...
and evidence to determine whether there is a sufficient basis for deciding to indict the defendant and proceed toward trial. In each court district where a grand jury is required, a group of 16–23 citizens holds an inquiry on criminal complaints brought by the prosecutor to decide whether a trial is warranted (based on the standard that probable cause exists that a crime was committed), in which case an indictment is issued. In jurisdictions where the size of a jury varies, in general the size of juries tends to be larger if the crime alleged is more serious. If a grand jury rejects a proposed indictment the grand jury's action is known as a "no bill." If they accept a proposed indictment, the grand jury's action is known as a "true bill." Grand jury proceedings are ''ex parte'': only the prosecutor and witnesses who the prosecutor calls may present evidence to the grand jury and defendants are not allowed to present mitigating evidence or even to know the testimony that was presented to the grand jury, and hearsay evidence is permitted. This is so because a grand jury cannot convict a defendant. It can only decide to indict the defendant and proceed forward toward trial. Grand juries vote to indict in the overwhelming majority of cases, and prosecutors are not prohibited from presenting the same case to a new grand jury if a "no bill" was returned by a previous grand jury. A typical grand jury considers a new criminal case every fifteen minutes. In some jurisdictions, in addition to indicting persons for crimes, a grand jury may also issue reports on matters that they investigate apart from the criminal indictments, particularly when the grand jury investigation involves a public scandal. Historically, grand juries were sometimes used in American law to serve a purpose similar to an investigatory commission. Both Article III of the U.S. Constitution and the Sixth Amendment require that criminal cases be tried by a jury. Originally this applied only to federal courts. However, the Fourteenth Amendment extended this mandate to the states. Although the Constitution originally did not require a jury for civil cases, this led to an uproar which was followed by adoption of the Seventh Amendment, which requires a civil jury in cases where the value in dispute is greater than twenty dollars. However, the Seventh Amendment right to a civil jury trial does not apply in state courts, where the right to a jury is strictly a matter of state law. However, in practice, all states except Louisiana preserve the right to a jury trial in almost all civil cases where the sole remedy sought is money damages to the same extent as jury trials are permitted by the Seventh Amendment. Under the law of many states, jury trials are not allowed in small claims cases. The civil jury in the United States is a defining element of the process by which personal injury trials are handled. In practice, even though the defendant in a criminal action is entitled to a trial by jury, most criminal actions in the U.S. are resolved by plea bargain. Only about 2% of civil cases go to trial, with only about half of those trials being conducted before juries. In 1898 the Supreme Court held that the jury must be composed of at least twelve persons, although this was not necessarily extended to state civil jury trials. In 1970, however, the Supreme Court held that the twelve person requirement was a "historical accident", and upheld six-person juries if provided for under state law in both criminal and civil state court cases. There is controversy over smaller juries, with proponents arguing that they are more efficient and opponents arguing that they lead to fluctuating verdicts. In a later case, however, the court rejected the use of five-person juries in criminal cases. Juries go through a selection process called ''voir dire'' in which the lawyers question the jurors and then make "challenges for cause" and "peremptory challenges" to remove jurors. Traditionally the removal of jurors based on a peremptory challenge required no justification or explanation, but the tradition has been changed by the Supreme Court where the reason for the peremptory challenge was the race of the potential juror. Since the 1970s "
scientific jury selection Scientific jury selection, often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial. Scientific jury selection is used during the jury selection phase of the trial, ...
" has become popular. Unanimous jury verdicts have been standard in US American law. This requirement was upheld by the Supreme Court in 1897, but the standard was relaxed in 1972 in two criminal cases. As of 1999 over thirty states had laws allowing less than unanimity in civil cases, but, until 2020, Oregon and Louisiana were the only states which have laws allowing less than unanimous jury verdicts for criminal cases (these laws were overturned in '' Ramos v. Louisiana''). When the required number of jurors cannot agree on a verdict (a situation sometimes referred to as a ''hung jury''), a
mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
is declared, and the case may be retried with a newly constituted jury. The practice generally was that the jury rules only on questions of fact and guilt; setting the penalty was reserved for the judge. This practice was confirmed by rulings of the U.S. Supreme Court such as in '' Ring v. Arizona'', which found Arizona's practice of having the judge decide whether aggravating factors exist to make a defendant eligible for the death penalty, to be unconstitutional, and reserving the determination of whether the aggravating factors exist to be decided by the jury. However, in some states (such as Alabama and Florida), the ultimate decision on the punishment is made by the judge, and the jury gives only a non-binding recommendation. The judge can impose the death penalty even if the jury recommends life without parole. There is no set format for jury deliberations, and the jury takes a period of time to settle into discussing the evidence and deciding on guilt and any other facts the judge instructs them to determine. Deliberation is done by the jury only, with none of the lawyers, the judge, or the defendant present. The first step will typically be to find out the initial feeling or reaction of the jurors to the case, which may be by a show of hands, or via secret ballot. The jury will then attempt to arrive at a consensus verdict. The discussion usually helps to identify jurors' views to see whether a consensus will emerge as well as areas that bear further discussion. Points often arise that were not specifically discussed during the trial. The result of these discussions is that in most cases the jury comes to a unanimous decision and a verdict is thus achieved. In some states and under circumstances, the decision need not be unanimous. In a few states and in death penalty cases, depending upon the law, the trial jury, or sometimes a separate jury, may determine whether the death penalty is appropriate in "capital" murder cases. Usually, sentencing is handled by the judge at a separate hearing. The judge may but does not always follow the recommendations of the jury when deciding on a sentence. When used alone the term ''jury'' usually refers to a petit jury, rather than a grand jury.


Jury sentencing

Jury sentencing is the practice of having juries decide what penalties to give those who have been convicted of criminal offenses. The practice of jury sentencing began in
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
in the 18th century and spread westward to other states that were influenced by Virginia-trained lawyers. As of 2018,
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
,
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
,
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
, Oklahoma,
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
, and Virginia have sentencing by jury.
Alabama (We dare defend our rights) , anthem = "Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,765 ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
,
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
,
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockf ...
,
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
,
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
,
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
, and
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the B ...
had jury sentencing in times past, but then abandoned it.
Canadian Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
juries have long had the option to recommend mercy, leniency, or
clemency A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
, and the 1961 ''
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
'' required judges to give a
jury instruction Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal ...
, following a verdict convicting a defendant of capital murder, soliciting a recommendation as to whether he should be granted clemency. When
capital punishment in Canada Capital punishment in Canada dates back to Canada's earliest history, including its period as a French colony and, after 1763, its time as a British colony. From 1867 to the elimination of the death penalty for murder on July 26, 1976, 1,481 peo ...
was abolished in 1976, as part of the same raft of reforms, the ''Criminal Code'' was also amended to grant juries the ability to recommend periods of parole ineligibility immediately following a guilty verdict in second-degree murder cases; however, these recommendations are usually ignored, based on the idea that judges are better-informed about relevant facts and sentencing jurisprudence and, unlike the jury, permitted to give reasons for their judgments. Proponents of jury sentencing argue that since sentencing involves fact-finding (a task traditionally within the purview of juries), and since the
original intent Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is indeed one theory in the originalist family, it has some salient differenc ...
of the founders was to have juries check judges' power, it is the proper role of juries to participate in sentencing. Opponents argue that judges' training and experience with the use of
presentence report A presentence investigation report (PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumsta ...
s and
sentencing guidelines Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their applic ...
, as well as the fact that
jury control procedures A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England dur ...
typically deprive juries of the opportunity to hear information about the defendant's background during the trial, make it more practical to have judges sentence defendants.


History


Rise of jury sentencing

The impetus for introducing jury sentencing was that in the late 18th century, punishment options expanded beyond
shaming Shame is an unpleasant self-conscious emotion often associated with negative self-evaluation; motivation to quit; and feelings of pain, exposure, distrust, powerlessness, and worthlessness. Definition Shame is a discrete, basic emotion, d ...
sanctions and the mandatory death penalty and came to include various ranges and modes of imprisonment, creating more room for case-by-case decisionmaking to which juries were thought to be well-suited. Virginia was the first state to adopt jury sentencing. The state's first constitution was enacted in 1776, and shortly thereafter, in 1779,
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809. He was previously the natio ...
proposed to the
Virginia General Assembly The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 16 ...
a revised criminal code that would have eliminated pardons and
benefit of clergy In English law, the benefit of clergy (Law Latin: ''privilegium clericale'') was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ec ...
, abolished capital punishment for most offenses, and allowed juries to decide punishments when the penalty was discretionary. This bill failed, however, both in 1779 and 1786, after
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
had reintroduced it while Jefferson was in France. Sentencing by jury was, however, successfully enacted in Virginia's 1796 penal code, which like the 1779 bill replaced capital punishment with terms of imprisonment for most felony offenses. Kentucky adopted a penal reform bill introduced by John Breckenridge that implemented sentencing by jury in 1798. While in Virginia, magistrates continued to have misdemeanor sentencing power (possibly because of the political influence of magistrates who served in the General Assembly), in Kentucky, this power was given to juries. Kentucky juries tried and sentenced slaves and free blacks, and even decided cases involving prison discipline, imposing punishments such as
flagellation Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on ...
or solitary confinement for infractions. Georgia and Tennessee adopted sentencing by jury in 1816 and 1829, respectively. In contrast, northern states such as
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
,
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
, and New York allowed judges to determine penalties, with Pennsylvania also allowing judges to pardon prisoners who, in their view, had evidenced sincere reformation. One hypothesis is that Virginia opted for jury sentencing because Federalists like George Keith Taylor distrusted the Republican district court judges; while in Pennsylvania, the Constitutionalists sought (over the objections of Republicans) to put sentencing power in the hands of the judges because the bench was populated by Constitutionalists.
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...
,
South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
, and
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, which did not establish penitentiaries until after the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...
, also left sentencing to judges' discretion. The adoption of jury sentencing happened at the same time that the movement for an elective judiciary gathered speed, with at least four states, Alabama, Mississippi, Montana, and North Dakota switching to judicial elections around the same time that they adopted jury sentencing. Both reforms may have been due to a mistrust of unelected judges. During the ten years of the Republic of Texas, judges determined sentences. The change to jury determination of the penalty was brought about by one of the first laws passed by the first legislature of the State of Texas in 1846, which empowered the jury to sentence the defendant in all criminal cases except capital cases and cases for which punishment was fixed by law. Indiana, Illinois, Arkansas, Oklahoma, and West Virginia adopted jury sentencing later in the 19th century.


Decline of jury sentencing

The 1895 U.S. Supreme Court ruling in '' Sparf v. United States'' reflected growing concern that letting juries decide whether or how the law should be applied in particular cases could be detrimental to the rule of law. By 1910, the role of juries in determining penalties was being eroded by the professionalization of sentencing, as many states passed laws that created
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
and
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
systems. These systems were based on a
consequentialist In ethical philosophy, consequentialism is a class of normative, teleological ethical theories that holds that the consequences of one's conduct are the ultimate basis for judgment about the rightness or wrongness of that conduct. Thus, from a ...
philosophy that it would be more useful for society to focus on finding ways to prevent future crime than on fixing blame for crime that had occurred in the past. Criminal behavior was viewed as the result of such factors as heredity, social circumstances, random breeding, and Darwinian struggle, rather than an abuse of divinely-granted
free will Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to ac ...
.
Psychology Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries between ...
and
sociology Sociology is a social science that focuses on society, human social behavior, patterns of social relationships, social interaction, and aspects of culture associated with everyday life. It uses various methods of empirical investigation an ...
would determine the causes of crime and what social reforms and treatment programs would correct them.
Probation officer A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probati ...
s gathered and analyzed information about the defendant's character and prepared a presentence report that served as the basis for the ultimate sentence. Probation provided opportunities for treatment in the community for juveniles and adults. In the prison system, parole commissioners, trained in penology and insulated from political pressures, determined when prisoners had been rehabilitated and could be reintegrated into society. The process of preparing a presentence report, which takes weeks, only begins after the defendant is convicted, since if he/she were to be acquitted, the effort that went into preparing the report would be wasted. It would, therefore, not be possible for juries to sentence the defendant at the time of conviction, if the jury needed to rely on a presentence report in making its sentencing decision; rather, the jury would need to be broken up and reassembled later, which could be unworkable if the delay between verdict and sentencing is substantial. Furthermore, jury control procedures typically provide that during the trial, information about the defendant's background that is not relevant to the issue of guilt is not to be presented in the presence of the jury, lest it prejudice him. The assumptions that presentence reports would be more informative than presentence hearings, and that training and experience were required to intelligently consider the data and assess sanctions, militated in favor of having a judge rather than a jury do the sentencing. In the case of '' McKeiver v Pennsylvania'', the U.S. Supreme Court held that alleged juvenile delinquents have no right to a jury trial, with Harry Blackmun and three other Justices opining that an adversarial system would put an end to the prospect of an intimate, informal protective proceeding focused on rehabilitation. Georgia and Tennessee both had periods (from 1937 to 1939 and from 1913 to 1923, respectively) in which they briefly abandoned jury sentencing while experimenting with
indeterminate sentencing Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nati ...
. By 1919, fourteen states gave juries sentencing powers in non-capital cases, although by 1960, that number had dropped to thirteen. By the 1970s and 1980s,
determinate sentencing In logic and philosophy (especially metaphysics), a property is a characteristic of an object; a red object is said to have the property of redness. The property may be considered a form of object in its own right, able to possess other propertie ...
, a new intellectual current that repudiated the rehabilitative model with its focus on using mathematical models and grids to determine sentences, had made inroads, making jury sentencing seem like more of an anachronism. Georgia permanently abandoned jury sentencing in 1974 and Tennessee did the same in 1982. By the 1980s, Alabama, Illinois, Indiana, Montana, and North Dakota had also abandoned jury sentencing, and Mississippi was using jury sentencing only in rape and statutory rape cases. Oklahoma abolished jury sentencing but reinstated it in 1999. In Canada, a
faint hope clause The "faint hope clause" is the popular name for s.745.6 of the Canadian Criminal Code, a statutory provision that allows prisoners who have been sentenced to life imprisonment with a parole eligibility period of greater than 15 years to apply for ea ...
formerly allowed a jury to be empanelled to consider whether an offender's number of years of imprisonment without eligibility for parole ought to be reduced, but this was repealed in 2011.


Possible revival of jury sentencing

According to some commentators, the time is ripe for a revival of jury sentencing, because flaws in the determinate sentencing systems are becoming increasingly apparent. Lawmakers drafting legislation such as the
Sentencing Reform Act The Sentencing Reform Act, part of the Comprehensive Crime Control Act of 1984, was a U.S. federal statute intended to increase consistency in United States federal sentencing. It established the United States Sentencing Commission. It also aboli ...
have had difficulty mustering the political will to make clear choices among opposing moral and ideological viewpoints, instead delegating these decisions to agencies that lack the representativeness and democratic origin of legislatures. Prosecutors have routinely circumvented the sentencing guidelines through their charging and plea bargaining decisions, creating a new set of disparities, despite the intent of the guidelines to curtail disparities. Determinate sentencing has also failed to reduce racial disparity in sentencing. Also, some juries have been acquitting guilty defendants to save them from what they regard as overly harsh
mandatory minimum sentence Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
s, such as those imposed by the
Rockefeller Drug Laws The Rockefeller Drug Laws are the statutes dealing with the sale and possession of " narcotic" drugs in the New York State Penal Law. The laws are named after Nelson Rockefeller, who was the state's governor at the time the laws were adopted. Ro ...
and California's
three-strikes law In the United States, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who ...
. There have been movements to abolish sentencing commissions and guideline systems and inform jurors of their right to nullify. Decisions like '' Apprendi v. New Jersey'' (requiring a jury, rather than a judge, to find any facts that would increase a defendant's maximum sentence) and '' Ring v. Arizona'' (requiring a jury, rather than a judge, to find whether there are aggravating factors justifying capital punishment) have also signaled a willingness by the judiciary to expand the role of the jury in the legal process. Jury sentencing has been seen as a way to in many cases render moot the questions raised by ''Apprendi'' and related cases such as '' Blakely v. Washington'' and '' United States v. Booker'' about the differences between elements of an offense and sentencing factors by letting the jury decide all the facts. Cases such as '' Miller v. Alabama'' and '' Graham v. Florida'' (banning mandatory life imprisonment without parole, and life imprisonment without parole in non-homicide cases, respectively, for juveniles, as contrary to the
Eighth Amendment to the United States Constitution The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
's prohibition of cruel and unusual punishment) also raise a question of whether the Supreme Court logically should allow only a jury, rather than a judge, to determine a juvenile should receive such a sentence, given the parallels between adult capital punishment case law and juvenile life imprisonment with parole case law.


Plea bargains, judicial override, and juror access to information

In Virginia, under the 1796 act, capital punishment remained mandatory for
first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
, but the penalty for second-degree murder was any term between five and eighteen years in the penitentiary. The 1796 act gave the court in murder cases the authority to "determine the degree of the crime, and to give sentence accordingly" when a defendant was "convicted by confession." The judge's discretion to set sentences in cases of confession did not exist in Kentucky. In Missouri, informing juries of sentences of defendants in similar cases or the sentences of co-participants in the crime on trial is strictly prohibited under the rules of evidence." Similarly, the Kentucky
truth in sentencing Truth in sentencing (TIS) is a collection of different but related public policy stances on sentencing of those convicted of crimes in the justice system. In most contexts, it refers to policies and legislation that aim to abolish or curb parole s ...
statute, which generally increases the information available to sentencing juries, does not provide for sentencing guidelines and statistics. Kentucky courts have also held parole eligibility statistics inadmissible. The military at one time provided jurors with sentencing statistics and guidelines was the military, but this practice ended in the late 1950s as the military's judicial philosophy shifted its emphasis away from sentencing uniformity and towards individualized judgments. The
United States Court of Military Appeals United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
held that jurors were not to consider sentences in similar cases or to consult the sentencing manual. Under Virginia's current system, jurors are controversially not allowed access to the Commonwealth's
sentencing guidelines Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their applic ...
or to information about whether sentences will run consecutively or concurrently, and until 2000 were also not informed that parole had been abolished in Virginia. A judge must justify any departure from the jury's recommendation in writing to the Virginia Criminal Sentencing Commission. Less than one-quarter of jury-recommended sentences are modified by judges. Due to concerns about juries' imposing higher sentences than what the sentencing guidelines would suggest, many defendants opt either for
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
s or plea bargains. States with jury sentencing have often allowed judges to intervene in the sentencing process, e.g. by reducing the sentence imposed by the jury, imposing hard labor or solitary confinement in addition to the jury's assessment of fines, or determining the place of confinement imposed by the jury. In Alabama, judges were allowed to override juries' recommendations of life imprisonment and impose capital punishment instead, until a 2017 law took that power away. All jury sentencing states except Texas allow the judge to fix the punishment in case the jury fails to agree on a sentence, making it impossible for there to be a mistrial due to a
hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. T ...
at sentencing. In 2020, the Virginia Senate approved SB 810, giving juries applicable discretionary sentencing guidelines worksheets, and SB 811, providing that the court ascertain the punishment unless the defendant requests jury sentencing. Proponent
Joe Morrissey Joseph Dee Morrissey (born September 23, 1957) is an American Democratic politician, businessman, and former lawyer who won election to both chambers of the Virginia General Assembly from districts including Richmond or surrounding Henrico ...
said, "Juries are unpredictable . . . You have much more stability with the judge doing the sentencing."


Arguments for and against jury sentencing

An argument based on the Sixth and Seventh Amendments to the United States Constitution is that criminal and civil juries have similar societal functions, including checking the abuse of governmental power, injecting community values into legal decisions, and aiding public acceptance of legal determinations; and therefore the criminal system should have juries decide sentences much as the civil system has juries decide judgments. A counter-argument is that studies show, at least in second-degree murder cases where juries are allowed to recommend mercy, that more punitive sentences increase perceptions of legitimacy, and that judges' declining to follow juries' recommendations does not decrease public confidence and perceptions of fairness and legitimacy. Arguments that have been raised against sentencing by jury are that juries are not as accountable as judges; that putting them in charge of determining both guilt and the sentence concentrates too much power in one body; and that different juries may differ widely in the sentences they impose. Counterarguments are that the lack of accountability of jurors to a higher authority preserves their judicial independence, and that judges are also capable of differing from other judges in the sentences they impose. Judges may even deviate from their own usual sentencing practices if the case is high-profile or a judicial election is coming up. Also, disparities are not always a sign of arbitrariness; sometimes they may reflect geographical differences in public attitudes toward a given crime, or a jury's taking proper account of the individual circumstances of each offender. It is sometimes argued that an unreasonable juror may force the rest of the jury into an undesirable compromise to find the defendant guilty but impose an overly light sentence. A counter-argument is that whether this is bad or good is a matter of perception since "one juror's principled holdout is another juror's irrational nullification. One jury's 'compromise' is another jury's perfectly appropriate give-and-take deliberations." According to University of Chicago Law School lecturer Jenia Iontcheva, sentencing decisions are well-suited to being made through a process of deliberative democracy rather than by experts such as judges, since they involve deeply contested moral and political issues rather than scientific or technical issues. She argues that since sentencing requires individualized, case-by-case assessments, sentences should be decided through small-scale deliberation by juries, as opposed to having lawmakers codify general policies for mechanical application by judges. An advantage Iontcheva cites of having juries come together to deliberate on sentences is that the jurors may alter their preferences in the light of new perspectives. She argues that the hearing and consideration of diverse opinions will give the sentencing decisions greater legitimacy, and that engaging ordinary citizens in government through this process of deliberative democracy will give these citizens confidence about their ability to influence political decisions and thus increase their willingness to participate in politics even after the end of their jury service. Racial and other minorities may also benefit from having greater representation among jurors than among judges. In jurisdictions that do not have any statutory provisions formally allowing jury sentencing, judges have sometimes consulted with the jury on sentencing anyway. At the federal level, the practice of polling the jury and using their input in sentencing was upheld on appeal by the 6th U.S. Circuit Court of Appeals. Sentencing is said to be more time-consuming for jurors than the relatively easy task of ascertaining guilt or innocence, which means an increase in jury fees and in the amount of productivity lost to jury duty. In
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, a 2007 proposal by Chief Justice
Jim Spigelman James Jacob Spigelman (born 1 January 1946) is a former Australian judge who served as Chief Justice of New South Wales from 1998 to 2011. He was also Lieutenant-Governor of New South Wales from 1998 to 2012. He served on the Court of Final App ...
to involve juries in sentencing was rejected after District Court Chief Judge
Reg Blanch Reg or REG may refer to: * Reginald (disambiguation) * Reg or desert pavement * Raising for Effective Giving, a charity * Random event generator (parapsychology) * Raptor Education Group * Regal Entertainment Group * Regular language * .reg MS Wi ...
cited "an expected wide difference of views between jurors about questions relating to sentence". Concerns about
jury tampering Jury tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial. The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensur ...
through intimidation by defendants were also raised.
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
and many other continental European countries have a system in which professional judges and
lay judges A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permane ...
deliberate together at both the trial and sentencing stages; such systems have been praised as a superior alternative because the mixed court dispenses with most of the time‐consuming practices of jury control that characterize Anglo‐American trial procedure, yet serves the purposes of a jury trial better than plea bargaining and bench trials, which have displaced the jury from routine American practice.


Notable jury sentences

Civil rights leader
James Bevel James Luther Bevel (October 19, 1936 – December 19, 2008) was a minister and leader of the 1960s Civil Rights Movement in the United States. As a member of the Southern Christian Leadership Conference (SCLC), and then as its Director of Direct ...
was sentenced to 15 years in prison pursuant to the recommendation of a Virginia jury that found him guilty of having sex with his teenage daughter in the 1990s when they lived in Leesburg. The sentencing range had been 5 to 20 years. After James Alex Fields Jr. was convicted of first-degree murder for the
Charlottesville car attack The Charlottesville car attack was a white supremacist terrorist attack perpetrated on August 12, 2017, when James Alex Fields, Jr. deliberately drove his car into a crowd of people peacefully protesting the Unite the Right rally in Charlotte ...
, the jury recommended a sentence of life plus 419 years.


Jury selection

Jurors are selected from a jury pool formed for a specified period of time—usually from one day to two weeks—from lists of citizens living in the jurisdiction of the court. The lists may be electoral rolls (i.e., a list of registered voters in the locale), people who have driver's licenses or other relevant data bases. When selected, being a member of a jury pool is, in principle, compulsory. Prospective jurors are sent a summons and are obligated to appear in a specified jury pool room on a specified date. However, jurors can be released from the pool for several reasons including illness, prior commitments that cannot be abandoned without hardship, change of address to outside the court's jurisdiction, travel or employment outside the jurisdiction at the time of duty, and others. Often jurisdictions pay token amounts for jury duty and many issue stipends to cover transportation expenses for jurors. Work places cannot penalize employees who serve jury duty. Payments to jurors varies by jurisdiction. In the United States jurors for
grand juries A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
are selected from jury pools. Selection of jurors from a jury pool occurs when a trial is announced and juror names are randomly selected and called out by the jury pool clerk. Depending on the type of trial—whether a 6-person or 12 person jury is needed, in the United States—anywhere from 15 to 30 prospective jurors are sent to the courtroom to participate in voir dire, pronounced in French, and defined as the oath to speak the truth in the examination testing competence of a juror, or in another application, a witness. Once the list of prospective jurors has assembled in the courtroom the court clerk assigns them seats in the order their names were originally drawn. At this point the judge often will ask each prospective juror to answer a list of general questions such as name, occupation, education, family relationships, time conflicts for the anticipated length of the trial. The list is usually written up and clearly visible to assist nervous prospective jurors and may include several questions uniquely pertinent to the particular trial. These questions are to familiarize the judge and attorneys with the jurors and glean biases, experiences, or relationships that could jeopardize the proper course of the trial. After each prospective juror has answered the general slate of questions the attorneys may ask follow-up questions of some or all prospective jurors. Each side in the trial is allotted a certain number of challenges to remove prospective jurors from consideration. Some challenges are issued during voir dire while others are presented to the judge at the end of voir dire. The judge calls out the names of the anonymously challenged prospective jurors and those return to the pool for consideration in other trials. A jury is formed, then, of the remaining prospective jurors in the order that their names were originally chosen. Any prospective jurors not thus impaneled return to the jury pool room.


Jury behavior

Scholarly research on jury behavior in American non-capital criminal felony trials reveals that juror outcomes appear to track the opinions of the median juror, rather than the opinions of the extreme juror on the panel, although juries were required to render unanimous verdicts in the jurisdictions studied.Patrick J. Bayer, Randi Hjalmarsson, Shamena Anwar, "Jury Discrimination in Criminal Trials" (September 2010) Economic Research Initiatives at Duke (ERID) Working Papers Series No. 55 https://ssrn.com/abstract=1673994 Thus, although juries must render unanimous verdicts, in run-of-the-mill criminal trials they behave in practice as if they were operating using a majority rules voting system.


Jury effectiveness

As much of the research on social conformity suggests, individuals tend to lose their sense of individuality when faced with powerful group forces (i.e.,
normative influence Normative social influence is a type of social influence that leads to conformity. It is defined in social psychology as "...the influence of other people that leads us to conform in order to be liked and accepted by them." The power of normative ...
; informational influence; interpersonal influence).Forsyth, D.R. 2010. Group Dynamics, 5th Edition. Belmont, CA: Thomson Wadsworth. This raises the question if the effectiveness of jury decision-making compromised by individuals’ tendencies to conform to the normative transmissions of a group. Since a clear
archetype The concept of an archetype (; ) appears in areas relating to behavior, historical psychology, and literary analysis. An archetype can be any of the following: # a statement, pattern of behavior, prototype, "first" form, or a main model that ...
for determining guilt does not exist, the criminal justice system must rely on rulings handed down by juries. Even after a decision has been made, it is virtually impossible to know whether a jury has been correct or incorrect in freeing or accusing a defendant of a crime. Although establishing the effectiveness of juries is an arduous task, contemporary research has provided some partial support for the proficiency of juries as decision makers. Though, a growing body of research has shown that in certain trial types, including for rape and other serious sexual offenses, pre-trial juror biases, and attitudes appear to be a major barrier to justice.


The role of a juror

Evidence has shown that jurors typically take their roles very seriously.Simon, R. J. (1980). The jury: Its role in American society. Lexington, MA: Heath According to Simon (1980), jurors approach their responsibilities as decision makers much in the same way as a court judge – with great seriousness, a lawful mind, and a concern for consistency that is evidence-based. By actively processing evidence, making inferences, using common sense and personal experiences to inform their decision-making, research has indicated that jurors are effective decision makers who seek thorough understanding, rather than passive, apathetic participants unfit to serve on a jury.


Judge-jury agreement

Evidence supporting jury effectiveness has also been illustrated in studies that investigate the parallels between judge and jury decision-making.Kalven, H. & Zeisel, H. (1966). The American Jury. Boston: Little, Brown. According to Kalven and Zeisel (1966), it is not uncommon to find that the verdicts passed down by juries following a trial match the verdicts held by the appointed judges. Upon surveying judges and jurors of approximately 8000 criminal and civil trials, it was discovered that the verdicts handed down by both parties were in agreement 80% of the time.


Buffering effects

Jurors, like most individuals, are not free from holding social and cognitive
biases Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, ...
. People may negatively judge individuals who do not adhere to established
social norms Social norms are shared standards of acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. Social normative influences or soci ...
(e.g., an individual's dress sense) or do not meet societal standards of success. Although these biases tend to influence jurors’ individual decisions during a trial,Wrightsman, L., Nietzel, M. T., & Fortune, W. H. (1998). Psychology and the legal system (4th edition). Monterey, California: Brooks/Cole. while working as part of a group (i.e., jury), these biases are typically controlled.Kerr, N. L., & Huang, J. Y. (1986). How much difference does one juror make in jury deliberation. Personality and Social Psychology Bulletin, 12, 325–343. Groups tend to exert buffering effects that allow jurors to disregard their initial personal biases when forming a credible group decision.


See also

* Jury of matrons * Blank pad rule *
Fourth branch of government In politics of the United States, the fourth branch of government is an unofficial term referring to groups or institutions perceived variously as influencing or acting in the stead of the three branches of the US federal government defined in the ...
* Fifth power


Notes

{{Authority control Legal procedure