How Different Types of Juries Operate Within the U.S. Legal System

In every courtroom, beyond the legal arguments and decisions from the bench, sits a group of everyday citizens entrusted with one of democracy's most important responsibilities: serving as jurors.

Far from being passive observers, juries listen carefully to the facts, evaluate the credibility of witnesses, and help deliver verdicts that can alter lives. They are the heartbeat of fair trials to make sure that justice isn't handed down by the powerful alone, but shaped by voices from the community.

Grand Juries

A grand jury is a panel of citizens responsible for deciding whether enough evidence exists to formally charge a person with a crime. Its purpose is to determine if there is probable cause, not to decide guilt or innocence.

Function

As a grand juror, your task is to decide whether there is probable cause to believe a crime has been committed and whether the person under investigation should be formally charged.

You will review the evidence presented by the prosecutor. The accused does not usually appear before the grand jury, and the defense is not involved in these proceedings.

If you and your fellow jurors find the evidence sufficient to support charges, you will vote to issue an indictment, also known as a true bill.

Composition and Size

You might be wondering, how many jurors are there in a jury of this kind? Grand juries are generally larger than trial juries. In federal court, they typically consist of 16 to 23 members. Proceedings are conducted in private, and confidentiality is expected even after your service ends.

Unlike trial juries, which usually require a unanimous decision, grand juries can issue an indictment with a supermajority. In most cases, at least 12 jurors must agree.

Usage in Federal vs. State Courts

Grand juries are used more frequently in federal court. The Fifth Amendment to the U.S. Constitution requires their use for most felony charges at the federal level. However, states are not bound by this requirement. Many state systems use preliminary hearings instead, where a judge decides whether there is enough evidence to go to trial.

Petit Juries (Trial Juries)

A petit jury, often called a trial jury, is the standard jury used in most courtroom cases. They listen to the evidence presented at trial and deliver a verdict on a defendant's guilt in criminal cases or liability in civil disputes. Let's take a closer look at how this group functions in two types of jury trials.

Criminal Petit Juries

When you serve on a criminal petit jury, your job is to decide whether the government or prosecution has proved, beyond a reasonable doubt, that the defendant committed the crime. Thus, you must reach a unanimous verdict, meaning every juror must agree on whether the defendant is guilty or not guilty.

Civil Petit Juries

As a petit juror in a civil trial, you decide based on the preponderance of the evidence, which means determining whether something is more likely true than not. You are not deciding guilt, but whether the defendant caused harm that deserves compensation.

To return a verdict, only three-quarters of the jury must agree. This lower threshold makes sense because civil cases don't threaten anyone's liberty.

For example, in Kyung Lee v. Johnson & Johnson, a civil jury in Oregon awarded $260 million to a woman who developed mesothelioma after years of using talc-based baby powder allegedly contaminated with asbestos. The jury found it more likely than not that the product caused her illness.

Specialized Juries

Specialized juries are formed to address unique legal matters that do not follow the standard courtroom process.

Coroner's Juries

A coroner's jury helps determine the cause of death in cases where it is sudden, violent, or suspicious. You are not looking at a group that conducts trials. They function more like investigators. Called from the local community, these jurors assist the coroner by reviewing evidence and hearing testimony to establish how, when, and where someone died.

Military Juries (Courts-Martial)

Military juries, also called court-martial panels, are made up of active-duty service members. In a general court-martial, there must be at least eight members. For a capital case, twelve members are required.

They decide whether the accused is guilty and recommend a sentence, all under the rules of the Uniform Code of Military Justice (UCMJ). A unanimous verdict is only needed if the case involves the death penalty. In all other cases, a three-fourths majority is enough to convict.

Jury Selection Process

Jury selection is where justice begins. Before any arguments are made, the court carefully chooses a group of everyday people trusted to weigh the facts and deliver a fair verdict.

Jury Pool Formation

Courts assemble a pool of potential jurors by pulling names from public sources like voter registration records, state income tax rolls, and Department of Motor Vehicles (DMV) driver's license lists. This pool is designed to reflect a broad and fair representation of the community.

Voir Dire

When you're called for jury duty, you'll enter the courtroom with other randomly selected individuals. This begins voir dire, a critical part of jury selection. The judge will ask questions to confirm that you meet the basic legal requirements or whether jury service would cause an undue hardship.

After that, the lawyers for both sides will ask about your background, beliefs, life experiences, and any pre-existing knowledge you might have about the case.

Challenges

Once questioning is over, the lawyers move on to finalizing the jury by eliminating individuals from the jury pool using either challenges for cause or peremptory challenges.

For Cause Challenges

During jury selection, lawyers can ask the court to remove potential jurors for cause. This happens when someone is legally unfit or unable to be fair and impartial. Judges also excuse jurors for cause based on bias. The court will excuse you if you say you could never find anyone guilty due to religious beliefs.

Peremptory Challenges

Peremptory challenges let lawyers dismiss a juror without giving a reason. These are used when a juror seems biased but doesn't meet the criteria for a challenge for cause. However, lawyers cannot use them to exclude someone based on race or class.

Jury Duties and Responsibilities

Once selected, jurors take on a vital role at the heart of the justice system. You are entrusted with carefully weighing evidence, applying the law, and helping reach a verdict that can change lives.

Listen to Evidence

One of the primary responsibilities of a juror is to listen closely to all testimony and evidence presented during the trial. You must remain impartial and avoid forming opinions until all sides have presented their case.

Pay close attention to witness statements, physical evidence, and legal instructions from the judge. Avoid distractions, and never discuss the case with anyone outside the jury room until deliberations begin.

Deliberation

During deliberation, one of your first tasks is to choose a foreperson. This person will help guide the discussion, handle votes, and usually deliver the final verdict in court. The bailiff stays nearby to make sure no one contacts or influences you during this time.

You may bring the judge's written instructions and trial exhibits into the room. If something is unclear, such as a detail in the evidence or part of the instructions, you can write a note to the judge through the bailiff.

Verdict and Judgement

In a criminal case, you decide whether or not the defendant is guilty. In a civil case, if you rule in favor of the plaintiff, you may also decide how much the defendant must pay in damages, often after a separate hearing.

Your verdict carries lasting consequences. In criminal cases, it can result in imprisonment or acquittal. In civil cases, it can bring resolution, assign legal responsibility, and significantly affect the financial future of the parties involved.

Legal Rights and Protections for Jurors

Serving on a jury is both a civic duty and a protected role within the justice system. The law provides important rights and safeguards to make sure jurors can serve without fear or hardship.

Compensation

As a juror, you are entitled to receive compensation for your service. In federal courts, jurors are paid $50 per day, increasing to $60 per day after ten days for petit jurors or 45 days for grand jurors. You may also receive travel reimbursement and, in some cases, lodging.

Although federal law does not require employers to pay you during jury duty, several states have their own policies. Many states also prohibit employers from forcing you to use personal or vacation leave for jury service.

Job Protection

Under federal law, your employer cannot fire, demote, threaten, or penalize you for jury duty. Courts may order reinstatement, lost wages, and impose civil penalties up to $5,000 if your rights are violated.

Confidentiality and Privacy

Juror identities and deliberations are confidential. In sensitive or high-profile cases, judges may use anonymous juries, sequester jurors, or limit media exposure to protect your safety and impartiality.