How2Day: What Are the Duties of a Petit Jury?

Jurors are chosen from a random jury pool generated from lists of registered voters and/or voters and holders of drivers licenses in the judicial district. Questionnaires help determine which of these potential jurors are qualified, after which the court randomly selects individuals to summon. This process is designed to ensure that a cross-section of the community- the famed "jury of one's peers"- will be selected. A petit jury, or trial jury, is the finder of fact in most civil or criminal proceedings in the United States.

In both civil and criminal cases, jurors are tasked with hearing all the evidence presented, deliberating in private, and rendering a verdict. There is a slight difference in role depending on whether a case is civil or criminal. A civil jury, consisting of six to twelve people, must decide whether the defendant injured or failed to fulfill a legal obligation to the plaintiff and decide what the compensation should be. A criminal jury, almost always made up of twelve jurors, decides whether the defendant committed the crime as charged; sentencing is usually the responsibility of the judge.

Jurors must be able to read, write, and speak the English language, must not have been convicted of a crime punishable by imprisonment for more than one year, and must be physically and mentally able to perform the duties involved. Jurors must also be United States citizens and residents of the court's jurisdiction, and be at least 18 years old.

Jurors must be present for the entire trial. During a pretrial proceeding called voir dire, the judge and attorneys for both sides will question prospective jurors to try to determine if any biases or other factors would make them unable to render a fair decision. Both sides will be trying to assemble the most favorable jury possible. It is the juror's responsibility at this stage to be honest in answering questions.

During the trial, attentive listening is required. Jurors will also need to follow any instructions the judge issues about not discussing the case, avoiding the media, and staying free of any influence other than the evidence presented in court.

During deliberations, it is the juror's duty to discuss the evidence and listen to her fellow jurors with an open mind. If questions arise, it is the jury foreman's responsibility to notify the judge and ask for clarification of the law or a review of key evidence.

It is seldom discussed -- in fact, it is illegal for officers of the court to point it out -- but juries have the power to refuse to convict if they believe the law in question to be unjust. Our first Chief Justice, John Jay, told a jury, "You have a right to take upon yourselves to judge [both the facts and law]," and although judges commonly instruct jurors that the opposite is the case, the power of nullification derives from the Magna Carta of 1215 and remains intact.

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