U.S. JURY SYSTEM “The Cornerstone of Democracy”

Why Do We Need Juries? The 6th and 7th Amendments protect your right to a trial by jury. Thomas Jefferson believed that it was more important for jurors to apply laws to real people than for legislatures to make laws. A foundation of American law is that a person’s guilt or innocence is based solely on the evidence presented to a jury, a body of citizen peers.

Evidence There are 3 types of evidence a jury can consider: - Physical - Testimonial - Circumstantial

Types of Cases 1. When someone breaks the law. This is called a criminal case. 2. When people disagree, and a lawsuit is filed. This is called a civil case.

What is the organization of a court What is the organization of a court? Use your diagram to place key officials in their correct places.

Jury Size There are different types of juries used for different purposes. Jury size ranges from 7 to 23 people in Virginia Jurors must be citizens in good standing, at least 18 years old, and reside in the court’s jurisdiction.

Jurors Jurors are supposed to be peers of the accused. More jurors will be called to jury duty than are necessary to hear a case. Why?

some jurors will be rejected before the trial begins for a variety of reasons, or... - during the trial some jurors may become sick, or… - the judge may dismiss one or more during the trial for some reason, therefore… - extra jurors must be immediately available to step in. These are called alternate jurors.

Who’s in charge? The person chosen to lead a jury and report its findings to the court is called the foreman. In a criminal felony trial the jury is required to give a unanimous verdict.

Jury Types - A type of jury that hears charges and reviews evidence against a person suspected of committing a crime is a grand jury. - It does NOT render a verdict! It is an investigative body only. - If there is enough evidence to go to trial, it issues an indictment (a formal accusation of a crime).

Grand Jury (cont’d) - Composed of 12-23 people. - It meets in secret (public cannot attend). - No judge or defense lawyer is present. - The person being investigated has no right to appear before it (a protection against self-incrimination before a trial even starts).

Jury Types (cont’d) The second type of jury weighs evidence presented at a criminal trial and comes up with a verdict (a statement of guilt or innocence). This jury type is called a petit jury. In a civil trial the jury decides who wins, either... - the plaintiff (the side that brings the lawsuit) - the defendant (the side that must defend against the charges. Jurors number 7 or 12 in a petit jury with the larger number assigned to serious felony cases.

Petit Jury (cont’d) - Jury deliberations are all conducted in secret. - Petit jury trials are mostly open to the public. - The accused has the right to be present in court, hear evidence, bring witnesses, and testify.

JURY SERVICE IN VIRGINIA In Virginia, juries for criminal cases are used only in circuit courts. In Virginia, the judge hears the trial and decides the verdict in general district courts In civil trials, juries are used only if requested by either defendant or plaintiff.

JUROR SELECTION Prospective jurors are chosen from multiple state sources that have your address: - tax rolls - voter registration lists - Department of Motor Vehicle lists Once selected, you are placed into a jury pool of qualified jurors.

EXEMPTIONS FROM JURY SERVICE Active military service College / high school student Job or travel related Convicted felon Mentally incompetent Non-citizen Over age 70 Active law enforcement or corrections officers

Limitations on Jury Service Terms of jury duty: - In Augusta County your jury pool term is 3 months for petit juries and 1 year for grand jury. - The number of days one serves on a jury depends on the case itself. Once you serve, it is unlikely you will be placed into another pool for at least three years.

Juror Acceptance Before a trial begins, jurors are questioned by each side’s attorney for potential bias through a process called voir dire. If a juror is found to be unacceptable to either side he/she won’t be seated. Each side gets a limited amount of challenges.

END – THE JURY SYSTEM