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A jury has a certain number of men and women who
are selected to inquire into factual matters in
criminal and civil proceedings.
The sworn jury is known as the "Trier of
Fact" because the jurors contemplate and decide
factual issues, not legal issues. For example, a jury
may decide what weight to give a piece of evidence or
a person's testimony, but it has no authority to
decide whether a statute of limitations has run out,
or whether evidence is hearsay.
There are various types of juries, from grand
juries, which decide if a trial should even be
pursued, to petit juries, which decide factual issues
in criminal and civil trials.
Jury Size & Make-Up
The size of a jury will vary from state to state,
though 12 is common. Although the U.S. Constitution
does not set a certain number of jurors, the U.S.
Supreme Court has suggested that as few as 6 jurors is
constitutionally permissible.
A defendant has the right to an impartial jury
composed of a representative cross-section of the
community. When selecting the jury, lawyers cannot
excuse a juror because of race or sex. This
illustrates a court's diligence to reflect the
sociological make-up of the community, so no biases
arise that were not already present.
Right to a Jury
For misdemeanors and felonies, defendants are entitled
to sit before their peers and be judged on their guilt
or innocence. Generally, conviction for a serious
crime cannot occur unless:
- A jury has delivered a verdict
- You have waived your right to a jury
- You have entered a plea of guilty
Unanimous Verdict
The U.S. Constitution does not mandate, and federal
courts will not require, a jury to reach a unanimous
agreement on a verdict.
However, many states require juries to reach
unanimous verdicts for capital crimes and felonies,
but not misdemeanors.
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