A jury is a group of ordinary citizens selected to hear evidence in a legal case and decide what the facts are. The American legal system uses two kinds. A petit jury sits through a trial and delivers the verdict. A grand jury works earlier in the process, reviewing a prosecutor’s evidence to decide whether criminal charges should be filed at all. In federal criminal trials, the petit jury has 12 members and must agree unanimously to convict.
Where the Right to a Jury Comes From
The Sixth Amendment guarantees anyone accused of a crime the right to “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”1Library of Congress. U.S. Constitution – Sixth Amendment The Seventh Amendment preserves the right to a jury in federal civil lawsuits where more than twenty dollars is at stake.2Library of Congress. U.S. Constitution – Seventh Amendment That dollar figure has not been adjusted since 1791, so it reaches almost every federal civil dispute today.
A criminal defendant can give up the right to a jury, but only in writing, with the government’s consent, and with the court’s approval.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial All three conditions have to be met. When a defendant waives a jury, the case becomes a bench trial and the judge alone decides the outcome.
How a Trial Jury Works
The petit jury is what most people picture: citizens seated in a courtroom, listening to witnesses, examining exhibits, and ultimately delivering a verdict. In federal criminal cases the default is 12 jurors, though the parties can agree in writing to a smaller number with the court’s approval.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial Federal civil juries can range from six to twelve.4United States Courts. Types of Juries
A criminal conviction requires a unanimous verdict. The Supreme Court confirmed in Ramos v. Louisiana (2020) that unanimity is required in both federal and state courts for any serious offense.5Supreme Court of the United States. Ramos v Louisiana, 590 US (2020) Federal civil verdicts also have to be unanimous unless both sides agree in advance to accept a majority.
Jurors can only consider evidence presented in the courtroom. Judges routinely instruct them not to research the case online, discuss it on social media, or talk about it with family or friends before deliberations end. Breaking those rules can produce a mistrial and force the case to start over with a new panel.
A trial may also include alternate jurors who hear everything but step in only if a regular juror is unable to continue. The court can seat up to six.6Legal Information Institute. Federal Rules of Criminal Procedure Rule 24 – Trial Jurors
How a Grand Jury Is Different
A grand jury does not decide guilt. It reviews evidence that a prosecutor presents during the investigative stage and decides whether there is probable cause to believe a crime was committed. If it finds enough, it returns an indictment, which is the formal document charging someone with a crime.4United States Courts. Types of Juries
Grand juries are larger than trial juries: 16 to 23 members, with at least 12 having to agree before an indictment can issue.7Legal Information Institute. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury The sessions are secret. No judge presides, and no defense attorney is allowed in the room. A witness can consult a lawyer outside the room but not during the testimony itself.8U.S. Department of Justice. Justice Manual 9-11.000 – Grand Jury Witnesses keep their Fifth Amendment right against self-incrimination and can refuse to answer questions that would implicate them in a crime.9Legal Information Institute. Fifth Amendment
The one-sidedness is deliberate. The grand jury acts as a check on prosecutors by requiring them to convince a panel of citizens before a case can go to public trial.
Who Qualifies to Serve
Federal law sets the same baseline for both grand and petit juries. To be eligible, you must be a U.S. citizen at least 18 years old, have lived in the judicial district for at least a year, read and write and speak English well enough to follow the proceedings, be free of any mental or physical condition that would prevent adequate service, and have no pending charge or past conviction for a crime punishable by more than one year in prison (unless your civil rights have been restored).10Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service
Courts don’t hand-pick jurors. The process begins with a master jury wheel, a database of names drawn at random from voter registration lists and sometimes other sources like driver’s license records. Names are randomly pulled from the master wheel and mailed a qualification form. People who qualify move into a qualified jury wheel, and names are randomly drawn from there whenever a grand jury or trial panel is needed.11Office of the Law Revision Counsel. 28 USC 1866 – Selection of Petit Juries Random selection is the backbone of the system, and it exists to keep courts and prosecutors from stacking panels and to make sure juries reflect a cross-section of the community.
Once a trial is approaching, qualified jurors are summoned to the courthouse. The group that shows up is called the venire. From there, the judge and attorneys screen prospective jurors through a process called voir dire, asking questions to surface bias or conflicts of interest.12United States Courts. Juror Selection Process Attorneys can remove jurors in two ways. A challenge for cause asks the judge to dismiss someone who has shown they cannot be fair, and there is no cap on these. A peremptory challenge lets an attorney strike a juror without stating a reason, but each side gets only a limited number. Peremptories have a constitutional limit of their own: the Supreme Court held in Batson v. Kentucky that using them to exclude jurors based on race violates the Equal Protection Clause.13Justia. Batson v Kentucky, 476 US 79 (1986)
Exemptions, Excuses, and Ignoring the Summons
Not everyone who qualifies has to serve. Federal law automatically exempts three groups, and they cannot serve even if they want to: active-duty members of the armed forces and National Guard performing their service, professional (non-federal) police officers and firefighters, and full-time public officers actively performing government duties.14United States Courts. Juror Qualifications, Exemptions and Excuses Volunteer firefighters are not exempt.
Beyond those automatic categories, the court can excuse people who would face undue hardship or extreme inconvenience. Serious medical issues, caregiving duties with no alternative, and real financial hardship are the usual grounds. Courts also grant deferrals, which postpone service rather than cancel it.
A federal jury summons is a court order. Ignoring it without good cause can bring a fine of up to $1,000, up to three days in jail, community service, or any combination of those. The same penalties apply if you lie on a juror qualification form, whether to avoid service or to get yourself selected.15Office of the Law Revision Counsel. 28 USC 1864 – Drawing of Names From the Master Jury Wheel In practice, courts usually give you a chance to explain before imposing anything. If you miss your date, you’ll be ordered to appear and show cause; sanctions become likely only if you ignore that follow-up or can’t offer a reasonable explanation.
Pay and Job Protection
Federal law makes it illegal for an employer to fire, threaten, intimidate, or punish a permanent employee for serving on a federal jury. An employer who does can be ordered to reinstate the employee, pay damages for lost wages and benefits, and face a civil penalty of up to $5,000 per violation per employee.16Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment A reinstated employee is treated as having been on a leave of absence, keeping seniority and remaining eligible for insurance and other employer benefits.
Federal jurors receive $50 for each day of attendance. If a trial runs longer than ten days, the judge may add up to $10 per day for each additional day beyond the tenth. Jurors also receive a travel allowance set by the Administrative Office of the U.S. Courts, covering the round trip between home and the courthouse.17Office of the Law Revision Counsel. 28 USC 1871 – Fees Jury pay is taxable and has to be reported on your federal return. State courts set their own daily rates, which vary and are often lower than the federal figure.