trial by jury
law
Also known as: jury trial
Quick Summary
A jury is a group of laypersons who participate in deciding legal cases. Historically, jurors were neighborhood witnesses, but their role evolved to determining facts based on presented evidence.1
Key Aspects of Trial by Jury
- Function: Juries deliberate in secrecy and reach a verdict through voting. In the U.S., a jury trial is a constitutional right in criminal cases where the penalty may exceed six months' imprisonment.1
- Selection: Jurors are typically selected randomly from the general population. A process called voir dire screens potential jurors for bias.1
- Size and Verdicts: Traditionally, juries have 12 members, and their decisions often require unanimity. However, some jurisdictions allow smaller juries or less-than-unanimous verdicts, especially in civil cases.1
- Role in Sentencing: In criminal cases, juries usually decide guilt, while judges often determine sentencing. However, in some jurisdictions, juries may also decide the sentence, particularly in capital punishment cases.1
- Judge's Supervision: Judges oversee jury trials, ruling on evidence, instructing juries on the law, and having the power to set aside a verdict if it's against the weight of the evidence, except for acquittals in criminal cases.1
The concept of trial by jury has spread globally, though its use and form vary significantly by country. The United States is noted for having the highest percentage of jury trials worldwide.1
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