Jury duty. Universally dreaded, with sympathy for a
friend or colleague who has been called, communicated with a knowing roll of
the eyes, and a story about how to get out of it. There is even a wikihow page entitled,
"How to Get Out of Jury Duty." Yet, jury duty is regarded by courts and
civics teachers as one of the most important civic responsibilities a citizen
can perform; it has been a crucial part of our democratic system for over 200 years. The right to a jury trial is a fundamental
right afforded by the Sixth Amendment of the United States Constitution, and
the Due Process Clause of the Fourteenth Amendment. A defendant charged with anything more than a
petty crime, typically a crime with a penalty of more than six months of
incarceration, has a right to trial by jury, made up of between six and twelve
of his or her "peers."[1] Jurors are reflective of the community at
large; there is no education requirement, though jurors must be citizens, over
the age of eighteen, and fluent in English, with few other restrictions.
Jurors are charged with deciding whether a defendant committed the crime of which he or she is accused, or in a civil trial, whether the defendant injured the plaintiff or otherwise failed to perform a legal duty, and if so, what the penalty should be. Sometimes jurors are called upon to determine the life or death of a defendant.[2]
Jurors must be fair and impartial. In thoughtful deliberations, they can
consider only the evidence presented to them within the confines of the jury
instructions they have been given, and then apply the evidence to the law,
relying on reason and common sense.
Jurors must leave questions of the law for the judge to determine. There is no googling, tweeting, independently
visiting the crime scene, or reading media coverage about the case. Jurors are not even supposed to discuss the
case with other jurors as the trial goes on.
This is to discourage the jurors from forming an opinion before all of
the evidence has been presented to them.
The role of the jury is a complicated one,
marred by cases decided by prejudice, and doubts about whether jurors are
capable of adequately understanding evidence or making the required factual
determinations. Individual jurors may be
unpredictable, biased, or unwilling to deliberate thoughtfully. Nonetheless, in their purest form, the jury
trial provisions in federal and state constitutions reflect a fundamental
decision about the limits of official power and reluctance to entrust power
over the life, liberty, and property of a defendant to one judge, or a group of
judges. In an ideal world, a jury trial
acts as a defense against arbitrary law enforcement.[3]
The trial of George Zimmerman brought, among
other things, conversation and questions about the role and responsibilities of
juries in criminal trials. In
Zimmerman's case, there were only six jurors, the minimum number of jurors constitutionally
allowed in a criminal case.[4] The jury was made up of all females, five Caucasians,and one possibly Hispanic, according to media accounts. Perhaps it was not the most widely
representative cross section of Americans, but a jury is not required to be of
any particular make up, only that its members were selected pursuant to nondiscriminatory
criteria.[5]
In such a widely publicized and divisive case finding
jurors that could be fair and impartial was bound to be a challenge. It is no less important, however, in any
criminal case. Attorneys on both sides
have different ways of trying to glean who may be more inclined to be
sympathetic to their side. They might
ask what the potential juror does for a living, if they have ever been the
victim of a crime, or convicted of a crime, for example. Potential jurors may be stricken for cause
when there is a legal reason the individual may not serve, such as being a
relative of the defendant, counsel, or a witness. After that, each side has an opportunity to
make preemptory challenges, effectively striking a potential juror without
having to offer an explanation of why.
This does not present either side with an opportunity to eliminate any
potential jurors it thinks will be unsympathetic. For example, racial discrimination, or
eliminating a juror on the basis of race because one side or the other believes
a person of that race would be unable to fairly decide the case, is a violation
of not only the right of a defendant to have a juror of his peers, but also of
the juror. Furthermore, the harm inflicted
by such action not only affects the parties involved, but also impacts the
confidence the community has in the fairness of the system.[6]
A potential juror’s ability to put aside
personal feelings, experiences, biases and opinions, and to instead weigh the
evidence and facts presented in a particular case is at the core of the inquiry
made by the judge and attorneys during voir dire. Zimmerman Juror B29 spoke out after the
verdict and explained that they, the jurors, had to put aside their personal
feelings and look at the evidence. Though
she explained the grief she experienced in coming to the non-guilty verdict, Juror B29 said there was not enough proof to convict. B29's statement made some viewers angry, and
devastated the mother of Trayvon Martin, who clearly hoped for a different
outcome. Zimmerman's attorney called her
a "model juror." No matter which side you take, what B29 described
doing is perhaps the most difficult and important part of a juror’s duties.
This past week, as an intern in a prosecutor's
office, I sat through my first trial of the summer. The jury was unable to reach a verdict. After the trial, I was allowed to return to
the jury room with defense counsel and the Assistant United States Attorney where
the jurors agreed to speak about the case, and their deliberation. I was struck by how seriously the jurors took
their role; the questions and concerns they had, made clear how closely they
listened over the two days of trial.
They knew the names of all the witnesses, and street addresses of the
relevant locations. They wrestled with the
same issues we anticipated might be the sticking points, and ultimately they
could not overcome a few remaining questions.
They mostly seemed to think the defendant had done the crime, but just
needed something more than what the government had to offer to find guilt
beyond a reasonable doubt.
For all the popular groaning about the pains of
jury duty, the majority of Americans still think that a jury trial is the fairest way to determine guilt or innocence in a criminal trial. Jury duty can be inconvenient, boring to
some, and even feel like a responsibility you would not want to bear, but the
right to a jury trial is a fundamental part of our criminal justice system and
requires the serious and thoughtful participation of us all.
[1]
See Strauder v. West Virginia, 100 U.S. 303, 308 (1880).
[2]
See
Ring v. Arizona, 536 U.S.
584 (2002).
[3]
See Duncan
v. Louisiana, 391 U.S.
145 (1968).
[4]
Ballew v. Georgia, 435 U.S. 223 (1978).
[5]
Batson v. Kentucky, 476 U.S. 79 (1986).
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