1. 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

2. 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

3. 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)

4. 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

5. 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

6. 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

7. 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%