If the poll reveals a lack of unanimity or lack of assent by the number of jurors that the parties stipulated to, the court may direct the jury to deliberate further or may order a new trial. As amended Apr. For provisions in state codes, compare Utah Rev. The former rule was rendered obsolete by the adoption in many districts of local rules establishing six as the standard size for a civil jury. It appears that the minimum size of a jury consistent with the Seventh Amendment is six.
Ballew v. Georgia , U. Main content Types of Juries There are two types of juries serving different functions in the federal trial courts: trial juries, also known as petit juries, and grand juries. Trial Jury A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.
Consists of people. In reaching its verdict in a criminal trial , the jury must be satisfied that the person is guilty beyond reasonable doubt. Beyond reasonable doubt means that if there are two reasons given in the case and both are possible explanations for what happened, taken together with the evidence presented, the jury should give the person the benefit of the doubt and decide on a verdict of not guilty. If the case is a civil one, the jury must be satisfied with its verdict on the balance of probabilities.
It is not necessary that a jury be unanimous in its verdict. In a criminal case, a verdict need not be unanimous where there are not fewer than 11 jurors if 10 of them agree on a verdict after considering the case for a reasonable time not less than two hours. In a civil trial, a verdict may be reached by a majority of 9 of the 12 members. When the jury has reached its decision, it will return to the court and the verdict will be read out by the foreman or forewoman.
The jury has no role in sentencing. This decision is left up to the judge following submissions made by both sides. Under current public health restrictions , court business has been reduced.
You can access the latest announcements on court sittings on the Courts Service website. If you have a question about this topic you can contact the Citizens Information Phone Service on 07 Monday to Friday, 9am to 8pm. There are 23 members who deliberate as a grand jury, but no more than 12 who deliberate as a petit jury, whether in a civil or a criminal trial. The grand jury is part of the criminal justice system. Although it acts under the authority of the courts and is considered a part of the court system, it is an independent body with the authority to conduct investigations, to direct the prosecutor to assist in those investigations, and to subpoena witnesses, that is, order them to appear in court, as well as require the production of other evidence that may be necessary to the investigations it conducts.
State statutes require that there be at least one grand jury sitting in each county at all times. The qualifications for serving as a grand or petit juror in New Jersey are the same: A person must be at least 18 years old, a United States citizen, a resident of the county in which summoned and able to read and understand English.
Also, grand and petit jurors may not have pleaded guilty or been convicted of an indictable offense and must be able to mentally and physically perform the functions of a juror. The Judiciary will, with advance notice, provide reasonable accommodations consistent with the Americans with Disabilities Act.
The entire group summoned for service by the assignment judge is called the jury panel. The Jury Management Office communicates with judges or their staffs throughout the day so that jurors are provided when needed and so that members of the jury panel may be dismissed for the day once all trial needs are met.
The first step in a trial is to select the number of jurors required to try the case from the panel. As discussed earlier, in most civil trials there are usually eight jurors seated in order to allow for alternate jurors. In criminal cases, there are usually 14 jurors selected, again so that there are alternates available. Jurors are randomly selected by computer. If you are called as a prospective juror, you are required to truthfully answer all questions regarding your qualifications to serve as a juror in the case.
After a short statement is given describing the case and the parties involved, the judge will question the prospective jurors to determine if they are qualified to act fairly, impartially and without interest in the result of the case.
There are certain legal grounds for which a juror may be challenged for cause and excused, such as a juror being incapable of being impartial due to prior dealings with a party, witness or attorney involved in the case. In addition, each side can excuse a certain number of jurors without giving any reason.
These are called peremptory challenges. The number of peremptory challenges is limited and is specified within the court rules.
Generally, in a civil case each side has six peremptory challenges, unless the case involves multiple defendants. In that case, the court will determine how many challenges each party will have. Jurors who are challenged, including by peremptory challenge, should not feel offended — such procedures are simply another safeguard operating within our trial system.
The lawyers or the judge may ask prospective jurors questions about their personal lives and beliefs. These questions should be answered fairly, openly, candidly and without embarrassment.
If there is any reason prospective jurors feel they should not serve, that reason should be made known during this questioning. If there is a question a prospective juror feels he or she cannot answer in public, a request may be made to tell the judge privately at the bench.
After the oath is administered, the trial begins. At the beginning of the trial, each side has the opportunity to make an opening statement explaining its case, but is not required to do so, except the prosecutor in a criminal trial.
These statements are not evidence, but only an explanation of what each side claims and expects to prove during the trial. Any claims made in the opening statement must be proven by evidence.
In a criminal case, the offense is against the people of the state, and the lawyer representing the state is called the prosecutor.
As noted above, the prosecutor is required to make an opening statement. Anything that tends to prove or disprove a claim about the facts is called evidence.
Evidence generally takes two forms, oral and documentary. Oral evidence comes in the form of testimony from witnesses. Documentary evidence may be something in writing, or it may be an article such as a photo or a sound recording.
Tangible evidence, such as a piece of an engine or another object, is called an exhibit. The trial judge manages the trial and rules on the admissibility of evidence. Evidence can also be the statement of a witness, a person who observed or participatedmin an event relevant to the subject of the trial. Whether an individual witness may give testimony is a decision made by the judge. In some cases, the parties may present the testimony of expert witnesses.
Rather, an expert witness is someone who, because of his or her qualifications, is in a position to evaluate certain evidence and render an opinion. The judge determines, prior to that person being permitted to testify, whether a witness is qualified, as a matter of law, as an expert.
If a witness is absent, written testimony or, in some cases, videotaped testimony, may have been taken before the trial, with the witness under oath, in a deposition.
Parts of the transcript of a deposition may be admitted as evidence at a trial and will be considered with all other evidence presented in the case. To help prove a case, witnesses are generally called to testify. The witnesses are sworn to tell the truth. A lawyer who has called a witness proceeds with direct examination, asking questions of the witness that will bring out the facts of the case.
In any important matter, the lawyer, on direct examination, is not allowed to ask leading questions, which are questions in a form that would suggest the answer. The questions asked must also have some bearing on the case, and must be relevant by addressing things the witness would be expected to know.
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