I received a summons for jury service. What can I expect?
First, if there is any personal issue you may have, you can ask to postpone your jury service. Jury duty is highest form of service you can do for your country short of putting yourself in harm’s way in the military. It is one of the few ways ordinary citizens directly impact justice in their communities.
You can be called for one of two types of juries: grand jury, and petit jury (criminal cases, and civil cases).
The number of jurors for each type of proceeding varies. For a grand jury there are 23 members of the jury panel. Prosecutors present evidence and then instruct the applicable law. The grand jury then decides whether to vote for an indictment. If the prosecution has met its burden of probable cause, a jury will vote to indict a particular defendant.
Petit Jurors
Petit jurors serve on court trials. There are two types of trials: civil and criminal.
A civil trial consists of six jurors. Generally the Court will have two to four additional jurors as alternates. If there is some reason that one of the initial six jurors could not serve through the end of the trial, then one or more of the alternates would take over. The reason alternate jurors are selected is because if a civil case does not have six sitting jurors on it, then a mistrial is declared. That means that the case has to be tried over.
For criminal cases, 12 jurors hear are the evidence. The court can select up to six alternates selected for criminal cases.
The biggest difference between civil cases and criminal cases is that criminal defendants must be convicted by a unanimous verdict beyond a reasonable doubt. Civil cases require only five out of the six jurors need agree for a verdict by a preponderance of the evidence.
Jurors take an oath promising to apply the applicable law to the case they hear. In the case of grand juries, the prosecutor explains the applicable statutes. In civil cases and criminal cases, the judge instructs the jury on the law. Jurors then deliberate and decide cases.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.