| To examine the system in a little more detail, let us first consider the process of putting together a jury, what happens during a trial and how a jury finally gets to decide the outcome.
1. Putting together a jury
The first thing to note at this point is that not all trials in America require a jury. It is a constitutional right of every person who is accused of an act that carries a prison sentence of more than six months, to have the right of a trial by jury. However, for those accused of crimes that carry a lesser sentence, there are differences between states as to whether these individuals will be tried by jury or not. In all states, those defendants accused of a crime that only carries the maximum possible sentence of a fine are generally not tried by a jury.
Those trials that do require a jury are heard in one of the 94 federal judicial district courts across the United States. Jurors are selected initially through voter registration lists or drivers' license lists. Upon being selected, a form is sent to the juror to complete which asks them key questions about citizenship, disabilities, their English language skills and comprehension. If they pass these initial questions, they are summoned to appear in court.
Once in court the prospective jurors who attend are officially selected onto the jury via a process called voir dire. This is a different process than in other countries where jurors are essentially selected at random from members of the population and simply asked whether they will be impartial during the case. In the United States, voir dire sees potential members of the jury being questioned by attorneys and judges, then judged to their suitability to the role prior to being accepted onto the jury. Those who are viewed as being unsuitable, or who may be particularly biased for or against the defendant, are not allowed onto the jury, although there is great debate about the effectiveness of this and whether or not it allows judges and attorneys to influence jury panels so that will likely give them the outcome they are seeking.
Once selected, a jury usually consists of 12 jurors.
2. What happens during a trial?
Once admitted onto a jury, a juror then has to follow a list of Jury Instructions that outline to them the correct rules and procedures to follow when deciding the outcome of a particular case. The chief aim of the jury is to be the "trier of fact", which means that they are to listen to the evidence presented in court (and not any other secondary sources) and make their decisions based solely on the weight of that evidence.
The judge assists jurors by presenting them with a simple set of instructions (called 'pattern jury instructions') which shows them how the law is to be applied. Stating that if they believe the facts presented in Set A, then you must agree on verdict Y, whereas if you believe the facts presented in Set B, you must agree on verdict Z.
Guided by the judge, a jury will listen to both sides of the arguments in court and consider the evidence presented. If there are any secondary issues to consider, or an issue which the judge deems relevant to the case, he may advise the jury as to the evidence being presented and the findings they are legally obliged to make.
3. The verdict
The essential role for a jury in America is for them to decide upon a verdict. Ideally, this should be an impartial verdict, based solely upon the evidence presented in court, though there are strong debates about whether this is actually the case.
Key to helping a jury decide upon a verdict is the famous notion of the "burden of proof". This simply means that for a juror to reach a conclusion about whether a defendant is guilty, then they must be satisfied that the evidence supplied in court by the prosecution is more likely to be true, than the evidence supplied by the defence. It is incumbent upon the prosecution to prove guilt and if this is not achieved then the juror has no alternative but to find for the defence.
Although jurors are free to make up their own minds as to the verdict of the defendant based on the evidence, they are guided throughout the process by the judge who is able to offer advice and guidance.
Early on in proceedings, the jury or the judge will nominate a foreperson to control deliberations between jurors and also to report the verdict to the judge. After the jury deliberates the case and reaches a unanimous verdict, it is the responsibility of the foreperson, in a criminal trial, to speak for the jury in front of the court, delivering the verdict to the court verbally. In civil cases, the judge will decide how best the jury can communicate their verdict to the court and issue instructions accordingly.
A jury can only reach a verdict by careful discussion and deliberation over the facts. All verdicts must be unanimous, in that every juror on the panel must agree with the final verdict. When the final verdict is announced in a criminal trial, the judge may ask each individual juror if they agree with this verdict.
Being a juror is more than just a social responsibility, it is an important role that is key in ensuring that the American Constitution is upheld. Cases can be fraught emotionally, complex and technical and occasionally drag on for many weeks, but being a juror is a key role in ensuring that American society remains free and fair.
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