A juror is a member of the public sworn in by a court to hear evidence and decide the facts of a legal case. In the federal system, a juror must be a U.S. citizen, at least 18 years old, and a resident of the judicial district where the court sits. Once sworn, jurors are the sole judges of what happened in the case; the presiding judge handles questions of law. That split, with ordinary citizens deciding facts and a trained judge managing the rules, is the backbone of the American trial system and is guaranteed by the Sixth and Seventh Amendments.1Library of Congress. U.S. Constitution – Sixth Amendment2Library of Congress. U.S. Constitution – Seventh Amendment
Who Can Serve as a Juror
Federal law sets the floor for who is eligible. To serve on a federal jury under 28 U.S.C. § 1865, you must meet all of the following:3Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service
- Be a United States citizen.
- Be at least 18 years old.
- Have lived in the judicial district for at least one year.
- Read, write, speak, and understand English well enough to follow testimony and complete court forms.
- Be mentally and physically capable of serving, with reasonable accommodations available for disabilities.
- Not currently face felony charges or carry a prior felony conviction, unless your civil rights have been legally restored.
Those rules apply to both grand and petit juries in federal court. State courts use similar criteria, though the details vary.4United States Courts. Juror Qualifications, Exemptions and Excuses
The Two Kinds of Jurors
The word “juror” covers two very different roles. If you’re summoned, it helps to know which panel you may end up on.
Trial (Petit) Jurors
A petit juror sits on the trial jury most people picture. Panels run from 6 to 12 members and hear testimony, review evidence, and deliver a verdict.5United States Courts. Types of Juries In a criminal case, the jury decides whether the prosecution proved guilt beyond a reasonable doubt. In a civil case, the jury decides whether the plaintiff showed the defendant caused harm and, if so, what compensation is appropriate.
Criminal verdicts in both federal and state courts must be unanimous. The Supreme Court confirmed that rule in Ramos v. Louisiana, holding that the Sixth Amendment requires every juror to agree before a defendant can be convicted of a serious offense.6Supreme Court of the United States. Ramos v. Louisiana Civil cases follow different rules depending on jurisdiction, and some courts allow non-unanimous civil verdicts.
Courts may also seat up to six alternates. Alternate jurors sit through the whole trial and step in if an original juror becomes sick, is disqualified, or otherwise can’t continue. If an alternate replaces a juror after deliberations have started, the judge must instruct the jury to begin deliberating from scratch.7Office of the Law Revision Counsel. Federal Rules of Criminal Procedure, Rule 24 – Trial Jurors
Grand Jurors
A grand juror doesn’t decide anyone’s guilt. A grand jury of 16 to 23 people reviews evidence presented by a prosecutor and decides whether there is probable cause to believe a crime was committed.8United States Department of Justice. Justice Manual 9-11.000 – Grand Jury If the panel finds probable cause, it issues an indictment, the formal charge that sends the case to trial.9United States District Court Middle District of Florida. Handbook for Federal Grand Jurors Only the prosecution presents evidence; no defense attorney cross-examines witnesses.
Grand jury service runs much longer than trial duty. A standard federal grand jury term is 18 months, with a possible six-month extension if the court decides the panel’s work isn’t finished. Special grand juries can be extended up to 36 months in some circumstances.10Office of the Law Revision Counsel. 18 USC Ch. 216 – Special Grand Jury Grand jurors don’t typically sit every day during the term; they report periodically as needed.
What a Juror Actually Does
The core job is simple to describe and harder to do: pay attention to the evidence, follow the judge’s instructions on the law, and work with the other jurors to reach a verdict. Trials often involve conflicting testimony, dense technical evidence, and legal instructions that take real effort to absorb.
Deliberations happen in a closed room, with no one else present. Outside the jury room, the conduct rules are strict:
- No outside research. You can’t look up anything about the case online, visit locations connected to it, or consult reference materials on your own. That includes searching the parties’ names, legal terms, or media coverage.
- No social media posts about the case, the evidence, or your experience as a juror while the trial is underway.
- No discussing the case with family, friends, or even fellow jurors until deliberations officially begin.
These restrictions exist because the verdict has to be based on what’s presented in court. A juror who runs independent research brings in evidence the other side never had a chance to challenge, which can derail the entire trial. Violations can cause a mistrial, and the juror responsible can face contempt sanctions.
At the end of the trial, criminal jurors decide guilt or acquittal; civil jurors decide liability and, if appropriate, damages. Grand jurors instead vote on whether to indict.
How Jurors Are Picked
Selection starts with a summons. Courts pull names from voter registration lists and, if those alone don’t produce a representative cross-section, supplement them with records like driver’s license databases.11United States Courts. Juror Selection Process If your name comes up, you’ll receive a qualification questionnaire and then, if you qualify, a summons telling you when to report.
The people who report form a pool called the venire. When a trial is ready, a group from the venire goes to the courtroom for questioning in a process called voir dire. The judge and the attorneys ask questions designed to surface biases, personal connections to the parties, or anything else that might prevent a juror from being fair.
Attorneys have two tools for removing prospective jurors. A challenge for cause asks the judge to dismiss someone for a specific reason, such as a personal relationship with a party or a stated inability to be impartial. There’s no limit on for-cause challenges, but the judge has to agree each time. Peremptory challenges let an attorney remove a juror without stating a reason. Each side gets a limited number, and one major restriction applies: the Supreme Court held in Batson v. Kentucky that the Equal Protection Clause forbids using peremptory challenges to strike jurors based on race.12Justia Supreme Court. Batson v. Kentucky, 476 U.S. 79 (1986) Later rulings extended that prohibition to gender-based strikes.
Once the panel is set, jurors are sworn in with an oath to render a verdict based on the law and the evidence. Jurors who don’t want to take a religious oath can affirm instead.13U.S District Court. The Jurors’ Solemn Oath
Exemptions, Excuses, and Skipping a Summons
Not everyone who qualifies has to serve. Federal law exempts three groups automatically:
- Members of the Armed Forces on active duty.
- Members of fire or police departments at any level of government.
- Public officers in the executive, legislative, or judicial branches who are actively performing official duties.
Each district’s jury plan may excuse additional occupational groups if service would cause undue hardship. Volunteer firefighters and rescue squad members, for example, must be excused on request.14Office of the Law Revision Counsel. 28 U.S. Code 1863 – Plan for Random Jury Selection
Any prospective juror can also ask to be excused for personal hardship. Common grounds include serious medical conditions, caregiving responsibilities with no alternative, or financial hardship that would make extended service genuinely unmanageable. The judge decides whether the reason is enough. If the problem is temporary, most courts defer service to a later date rather than excuse you outright.
Ignoring a summons is a different matter. Under federal law, a person who fails to appear after being properly summoned can be ordered to court to explain why. If the court finds no good reason, the penalty can include a fine of up to $1,000, up to three days in jail, community service, or a combination.15Office of the Law Revision Counsel. 28 U.S. Code 1866 – Selection and Summoning of Jury Panels State penalties follow a similar structure. Most courts will work with you on scheduling conflicts if you contact them before your report date.
Pay and Job Protection
Federal courts pay jurors $50 per day of attendance, plus a mileage allowance for travel to the courthouse.16Office of the Law Revision Counsel. 28 U.S. Code 1871 – Fees State courts set their own rates, and many pay less. For most people, that doesn’t come close to replacing lost wages, which is part of why hardship excuses exist. Jury duty pay is taxable income and goes on the “other income” line of your federal return.17Internal Revenue Service. Skills Warm Up: Jury Duty Pay Given to Employer
Federal law protects your job while you serve. Under 28 U.S.C. § 1875, no employer may fire, threaten, intimidate, or otherwise punish a permanent employee for serving on a federal jury or being scheduled to serve. An employer who violates the rule faces liability for lost wages and benefits, possible reinstatement, and a civil penalty of up to $5,000 per violation per employee.18Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment
Federal law does not require private employers to keep paying your regular salary during jury service. Whether your paycheck continues depends on your state’s laws and your employer’s policies. Roughly 10 states and the District of Columbia require some form of employer-paid jury leave; most states leave the choice to the employer.