Jury

I

Introduction

Jury, in law, a body of people who are chosen to decide the truth of factual evidence in an action or legal proceeding and, on instruction of the court, to apply the law to the facts. Such a body is called a petit jury or trial jury. Traditionally, a trial jury consists of 12 people, often with one or two alternates. See also Grand Jury.

II

History

The exact origin of the jury system is not known; various writers have attributed it to different European peoples who at an early period developed methods of trial not unlike the early jury trials in England. It seems probable that the jury in England was derived directly from the Norman institution of recognition by sworn inquest, whereby 12 knights were chosen to serve as recognitors. Their duty was to inquire into various matters of interest to the new rulers of England that might be the subject of public inquiry. These matters of interest might include the taxation of a subject.

As early as the 12th century, it had become customary for suitors in certain cases affecting the title to real estate to apply to the King's Court for the summoning of recognitors to ascertain, either from their own knowledge or on inquiry from others, the truth of the matter at issue; the verdict of the court, if unanimous, was accepted as conclusive. It was natural that other questions of fact arising in the King's Court should be disposed of in a similar manner, and the gradual transformation of the recognitors into the jury in common law followed as a matter of course. Originally, the jury members were not only judges of fact, but were also witnesses who were selected because of their knowledge of the customs and the people of the locality, and possibly of the suitors themselves. In the early 15th century, however, the judges of the courts of common law restricted the jury to the performance of its function as a judge of fact based on the evidence submitted in an action. This is the single function of the jury in modern practice.

III

Selection of a Jury

In the U.S. the selection of a jury commences when a large group of citizens is called to appear for jury duty at each term of court. They are selected according to statutory and constitutional provisions. Each state has its own qualifications for those who may serve on a jury. In general, all jurors must be U.S. citizens, local residents, of majority age, of approved integrity, and of reasonable intelligence. The group of jurors called at any one time is known as a panel. Both the state and federal courts have independent lists of jurors that are made up under the direction of officials known as commissioners of jurors. Jurors are paid, as provided by statute, for time spent serving on jury duty.

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At a trial the selection of the jury is made subject to the direction of the presiding judge. The names of the prospective jurors are drawn by lot by the clerk of the court. Both the defense and the prosecution may examine the jurors to ascertain whether cause for challenge in any particular case exists—that is, whether circumstances exist that might improperly influence a juror's decisions, such as bias or self-interest. The parties to the action or their attorneys may then exercise their right to eliminate undesirable members from the jury by means of challenge.

IV

Function of a Jury

After a satisfactory jury has been drawn, the jury is sworn, and the trial proceeds. In general, during the progress of a trial, all questions of law are determined by the court and questions of fact by the jury. The limits of the inquiry as to facts are determined by the pleadings and the rules of evidence. Whether evidence is properly admissible or not is a question for the court, but the weight and credibility of the evidence admitted are determined by the jury. The court, however, may decide a question of fact without sending the question to the jury if no conflict of evidence exists on the point. The court may also interpret written instruments received in evidence without aid of the jury.

After all the evidence has been presented, the two counsels, first for the defendant and then for the plaintiff or prosecution, “sum up,” that is, each addresses the jury, reviewing the evidence in the case and commenting on it in a manner favorable to that counsel's side of the case. The judge then makes a charge to the jury. The charge is a statement of the rules of law applicable to the evidence in that particular case. It is given in order to aid the jury in rendering a correct verdict. The jury then retires from the courtroom to begin deliberations. These deliberations continue until an agreement as to the verdict is reached, or until the presiding judge deems that the jury cannot reach an agreement. The latter case is known as a hung jury. In the event that no agreement is reached, a new trial may be called. All members of a jury must agree on a verdict, which in a civil trial may be “for the plaintiff” or “for the defendant,” and in a criminal trial “guilty” or “not guilty.” (In some states, however, the verdict in a civil trial need not be unanimous.) In a civil trial the jury is then empowered to set the amount of any damages. The verdict of a jury is decisive and cannot be disturbed unless rendered contrary to law or against the weight of evidence. In such a case the verdict may be set aside, either by the presiding judge or later on appeal. See Verdict.

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