Jury Size English juries became fixed at 12 in the fourteenth century practice was adopted in the U.S. Supreme Court has ruled that 12 is a historical accident < 12 is allowed in: a) noncapital criminal cases, and in b) civil cases

Jury Size small and large juries spend equal time deciding cases small juries do not exclude important points of views jury size does not effect criminal cases some evidence that 12 member juries are less able to reach verdict

Jury Unanimity Colonies followed the English practice of requiring unanimity Supreme Court has upheld non-unanimous verdicts criminal (noncapital) trials 2 states permit non-unanimous verdicts in criminal felony trials (LA, OR)

Voir Dire (To speak the truth) Process of excluding jurors rather than selecting them Peremptory challenges: limited number of jurors who can be eliminated by lawyer without having to give a reason Challenge for cause: either lawyer can request that a juror be excused for reasons of bias; theoretically unlimited

Peremptory Challenges Under English common law, defendant allowed up to 35 PCs, prosecution's use was unlimited. May be for any reason but pattern of race/ethnicity/gender Of used on basis of profession or education

Oft-Proposed Reforms Instructions on the law given in plain language Instructions given before evidence is presented rather than at the end of the trial Allow jurors to take notes Permit jurors to discuss evidence during a trial rather than just at the end

Juror Satisfaction 87% 80% 78% 70% 58% 45% Have Served Have NOT Served Civic Duty 87% 80% Burden to Avoid 78% 70% Treated Well by Courts 58% 45%