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Your Right to a Jury Trial

 

Your Right to a Jury Trial
 

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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