The Judicial Branch of the US Government

Question

Dear Sir or Madam,

I am a foreign student and I try to learn the US laws & politics. There aresome points which I do not understand or I am not sure that I understand that clearly.

which is the trial where the "trial by jury" apperas?Why is this service also called a jury duty? Can you refuse this service? By the way, how are jurors selected, what's this selection process like? How does the trial by jury go, and what is the role of the jury there?

I will be really greatful if you can explain me this.

I look forward to hearing from you,

Thank you for your help!

yours faithfully,

Answer 1

In addition to the previous answer by Christian, I think there is one important point that I should add about the jury's role. In a criminal trial, there can be two types of questions to be answered. The jury, however, is only concerned with one of these types of questions: questions of FACT. In criminal trials, the jury is "the FACTFINDER" - i.e. they listen to the evidence the attorneys on each side present and decide what the facts are based on that evidence.

In order for a criminal case to make it to trial, there MUST be some doubt or conflicting information as to what the facts of the case are. For example, if the State says the accused person (the "defendant") was in one place when the crime occurred, but the defendant says he was in another place, that is an issue of fact that the jury can determine.

If there is no disagreement as to the facts of the case, there may be issues of LAW. Those issues are decided by the Judge, since jurors in criminal cases are only supposed to determine the facts of the case.

Let me know if I can help any more!

Answer 2

Hello Monica,

"Trial by Jury" dates back to England, where individuals would be tried by a jury of their fellow peers/nobles. The United States adopted the standard in the Sixth Amendment of the Constitution. This amendment guarantees the rights that criminal defendants may have a public trial, a speedy trial (without undue delay), the right to know and face the charges and accuser, and the right to an impartial jury.

Jury duty is when an individual is summoned by the court to answer a questionnaire and appear before the court as a potential juror in a trial. In some instances, a summoned juror can be excused before appearing in court if sufficient cause/grounds are found by writing a letter and providing proof. For example, age, mental capacity, criminal convictions, no longer in the same jurisdiction as the court/venue, etc. It varies from city/state.

If you are summoned to appear in court for jury service, it is mandatory that you appear in court for jury duty. This does not mean you will definitely be on a jury or take part in a trial once you arrive in court. Failure to appear in court can result in a warrant out for your arrest and/or fines.

Once you appear in court for jury duty/service, you wait. If a courtroom requires jurors for a trial, the court will randomly select a large batch of jurors from the pool of jurors present for duty. The potential jurors enter the courtroom, and the process of voir dire commences.

Voir dire is the process that the judge and attorneys (prosecutors and defense attorneys) question/screen the potential jurors. The questions can range from asking if you have a conflict of interest in the case, a bias, etc. Depending on the answers, the judge and attorneys will eventually agree on a set of jurors to be sworn in for the start of the trial. They will also have a few alternate jurors in case a trial commences, and one of the original jurors selected is no longer capable of serving. This entire process can elicit a range of feelings depending on the juror. Some say it is a time-consuming process, others hate the idea of having to serve, and others do not mind.

The trial itself is straightforward from the juror's point of view. They hear the case presented in court, follow the instructions in the charge provided by the judge, discuss/deliberate among their fellow jurors, and render a verdict. In some instances, they are also charged with rendering a sentence after the trial should the defendant be found guilty.

If you have additional questions or need further clarification, please feel free to contact me to schedule a session.