A jury is a group of citizens sworn to hear evidence in a legal case and decide the questions of fact the case turns on. That is the working definition of a jury in American law, and it comes with constitutional weight: the Sixth Amendment guarantees a jury trial in serious criminal cases, and the Seventh extends the right to federal civil disputes above a twenty-dollar threshold that today captures nearly every civil case filed.1Congress.gov. U.S. Constitution – Sixth Amendment2Congress.gov. U.S. Constitution – Seventh Amendment The point is to keep the government from being the only decision-maker when your liberty or property is on the line. Once jurors are sworn in, they become part of the court for the duration of the case and must decide the matter based only on what they see and hear in the courtroom.
Trial Juries and Grand Juries
Two very different bodies share the name. A petit jury, also called a trial jury, is the one most people picture. Six to twelve members sit through a trial, listen to testimony, examine evidence, and deliver a verdict.3United States Courts. Types of Juries In a criminal case, the petit jury decides whether the prosecution has proven guilt beyond a reasonable doubt. In a civil case, it decides whether the plaintiff has shown it is more likely than not that the defendant caused harm and owes compensation.
A grand jury does something else entirely. Sixteen to twenty-three members meet behind closed doors to review evidence a prosecutor presents, and their only job is to decide whether there is enough probable cause to formally charge someone through an indictment.4United States Department of Justice. Justice Manual – Grand Jury Grand jurors do not decide guilt. They screen cases, filtering out charges that lack the evidence to justify dragging someone through a trial.3United States Courts. Types of Juries
Who Can Serve on a Jury
Federal law under 28 U.S.C. ยง 1865 sets the baseline. You qualify to serve on a federal grand or petit jury if you are a U.S. citizen, at least eighteen years old, have lived in the judicial district for at least a year, can read, write, speak, and understand English well enough to follow proceedings, and are mentally and physically able to serve. A felony conviction punishable by more than a year in prison disqualifies you unless your civil rights have been restored, and so does a pending charge for that kind of offense.5Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service
Qualifying is not the same as being required to serve on every summons. Courts can excuse people for undue hardship, including medical conditions, serious financial strain from lost wages, or caregiving responsibilities with no alternative. Active-duty military members, law enforcement officers, and certain government employees are often exempt entirely. If the timing is simply bad, most courts will defer your service to a later date rather than release you from it.
From Summons to Seated Juror
Courts assemble a jury pool by pulling names from voter registration lists, usually supplemented by driver’s license records so the pool reflects a fair cross-section of the community.6Office of the Law Revision Counsel. 28 U.S. Code 1863 – Plan for Random Jury Selection If your name comes up, you first receive a qualification questionnaire asking about citizenship, residency, English proficiency, and any disqualifying conditions. Returning that form is required by law. Qualified people stay in the pool, and anyone from that pool can be summoned for a specific case.
Reporting to the courthouse on your summons date puts you in the room for voir dire, the questioning process the judge and attorneys use to screen prospective jurors. The questions can feel personal because they are meant to surface biases, personal connections to the parties, or experiences that could keep you from deciding the case impartially.7Congress.gov. Constitution Annotated – Sixth Amendment, Voir Dire Each side can then remove prospective jurors in two ways. A challenge for cause requires a specific reason, like a demonstrated bias, and there is no limit on how many of those either side can raise. A peremptory challenge removes someone without stating a reason, but the number is capped by rule depending on the type of case.8Justia. Federal Rules of Criminal Procedure Rule 24 – Trial Jurors
Peremptory challenges have one major limit. In Batson v. Kentucky, the Supreme Court held that the Equal Protection Clause forbids striking jurors solely because of race, and later cases extended the rule to gender.9Justia. Batson v. Kentucky, 476 U.S. 79 When one side suspects a strike crossed that line, the judge can require a neutral explanation.
What Jurors Do Once the Trial Starts
Seated jurors are the finders of fact. You listen to testimony, review exhibits, and weigh how credible each witness is. Questions of law belong to the judge, who instructs the jury on the legal standards to apply. You do not need to figure the law out on your own, but you do have to follow the instructions the judge gives.
The rules about what jurors can do outside the courtroom have tightened considerably. You cannot research the case, look up parties or witnesses online, visit locations connected to the case, or discuss it with anyone outside the jury room. Social media is the frequent problem area, and federal courts now explicitly tell jurors not to post, tweet, or communicate about the case in any form during the trial.10United States Courts. Revised Jury Instructions Hope to Deter Juror Use of Social Media During Trial Violating these rules can trigger a mistrial, undoing weeks or months of work. If another juror breaks them, you are expected to tell the judge.
Reaching a Verdict
After both sides finish, the jury moves to a private room to deliberate. This is the only time jurors can discuss the case with each other, and the goal is a verdict that resolves the dispute.
Federal criminal verdicts must be unanimous. The Supreme Court confirmed in Ramos v. Louisiana that the same unanimity requirement applies in state criminal cases through the Fourteenth Amendment.11Supreme Court of the United States. Ramos v. Louisiana, No. 18-5924 Federal civil verdicts must also be unanimous unless both sides agree in advance to accept a majority outcome.12Cornell Law School. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling State civil rules vary, and some allow non-unanimous verdicts.
When a jury cannot reach the required level of agreement, it is called a hung jury. The judge usually declares a mistrial, and the case can be retried with a new panel. A hung jury is not an acquittal, so prosecutors are free to bring the charges again, though they sometimes decide a retrial is not worth it, especially if the vote leaned heavily toward not guilty.
Pay, Job Protection, and Penalties for Skipping
Federal jurors receive $50 for each day of service plus a mileage allowance to and from the courthouse.13Office of the Law Revision Counsel. 28 U.S. Code 1871 – Fees That rate does not replace most people’s wages, and the gap matters on trials that run several weeks. State courts set their own rates, and many pay less than the federal system.
Federal law bars your employer from firing, threatening, or retaliating against you because of jury duty. An employer who violates the rule can face a civil penalty of up to $5,000 per violation and may be ordered to reinstate you, pay your lost wages, and restore benefits.14Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment Most states have similar protections, though the penalties differ. One boundary worth knowing: the federal protection covers “permanent employees,” so independent contractors and temporary workers may not be covered.
Ignoring a summons carries real consequences. Fail to appear after a federal summons and the court can order you to show cause. Without a good reason, you face a fine of up to $1,000, up to three days in jail, mandatory community service, or a combination.15Office of the Law Revision Counsel. 28 U.S. Code 1866 – Selection and Summoning of Jury Panels Ignoring the qualification questionnaire can draw the same penalties. State courts set their own fines, generally ranging from a few hundred dollars into the low thousands. Courts often start with a warning letter or a reschedule before escalating, but enforcement varies by district. If you have a real conflict, call the court and ask to defer before your service date rather than hoping to be overlooked.