by Mark E. Goodman

Jury duty. Most people associate this with after-school detention or spending a week on a deserted island. I submit it is one of the most rewarding and important functions a person will fulfill as a member of a democratic society. Just consider, you are one of six or 12 people who must decide whether someone goes to jail or whether someone is compensated for a grievance, such as being injured in an accident or losing money in a business deal. Your decision has awesome consequences for another’s life. In order to exercise this power, it is useful to have a clear understanding of and respect for our jury system.

How are juries composed?
Our Constitution is the source of the right to trial by jury of criminal defendants and civil litigants. In Missouri state courts and in Federal criminal trials, juries consist of 12 individuals chosen from registered voters in the county of their residence. Civil trials in Federal court use six-person juries. Depending on the expected length of a case, a judge may allow selection of “alternate” jurors who hear all the evidence in the event a regular juror has to be absent for an emergency.

How are jurors selected to hear a case?
Citizens are “summoned” in advance for jury duty. They must appear at a courthouse on a specific date, usually a Monday, and be available for selection to decide a case scheduled for that week. The next step involves assembling in a trial courtroom, at which time the judge briefly explains the case and allows lawyers for both sides to question potential jurors about their backgrounds and opinions about issues that may impact a juror’s fairness to decide the case. This phase of trial is called “voir dire” which means “to speak the truth.” Prior to assembling, a potential juror will be asked to complete a questionnaire about marital status, employment and prior jury service. The lawyers are given these forms in advance to assist them in the process.

What kinds of questions should a juror expect?
After the judge explains the case, potential jurors are asked if they have a physical infirmity or job-related situation that would prohibit their service. Most judges are unsympathetic to complaints that serving on a jury might impose economic hardship or present babysitting problems.

Remember that our system of justice and the jury trial, an important component of it, are adversarial. Therefore, lawyers are given latitude in questioning potential jurors to determine which individuals may be sympathetic or unsympathetic to their client’s case. Depending on the type of case, questions may revolve around life experiences and attitudes about issues pertinent to the facts. For example, medical negligence cases may call for questions about prior experience with the medical profession and attitudes about the so-called medical malpractice insurance crisis. A criminal case may involve questions about whether a potential juror or close family member has been a crime victim. A case involving a contract dispute may call for questions about keeping promises.

It is important for a potential juror to be truthful, as nondisclosure of relevant experiences or attitudes can only contribute to creating an unfair atmosphere for deciding a case. Expect to be constantly reminded of this important obligation. There are instances when answering certain questions may cause embarrassment or delve into private topics. In those cases, most judges will allow “sidebar” or private interrogation out of the hearing of other jurors.

After questioning, each lawyer may exercise a “peremptory challenge.” This means he or she can exclude a set number of jurors for any reason. Obviously, these decisions are based on answers given and the lawyer’s perception of how an individual will decide the case. If a potential juror answers a question during voir dire that expresses a bias against either side, the judge may, if requested by a lawyer, strike that person “for cause.” Once the challenges are made, a jury is selected to hear evidence and deliberate to a verdict.

How does a jury decide a case?
A trial consists of opening statements by both lawyers, receipt of evidence through oral testimony of witnesses, documents, photos or other tangible exhibits and closing arguments. Before retiring to the jury room, the judge reads written instructions about how to decide the case. These instructions are based on the law applicable to a given case. For example, murder cases will have instructions indicating what the jury must find in order to convict a defendant. Personal injury cases will have instructions defining negligence and outlining requirements to find liability for injuries. These instructions are taken into the jury room and can be referred to during deliberation.

The length of deliberations varies. Most juries eventually arrive at a verdict, though there are instances when jurors cannot reach agreement. Criminal verdicts must be unanimous. In State court, civil verdicts may be reached by as few as nine jurors, but in Federal court, civil verdicts must also be unanimous. Most judges are reluctant to declare a mistrial, or what is commonly known as a “hung jury,” because of lack of agreement. When an impasse exists, the judge will most likely ask jurors to return to the courtroom and urge them to continue deliberating, citing the expense and inconvenience of a subsequent trial.

Once a verdict is reached, a form is completed by the foreman, given to the judge and is read in open court. Some judges will allow jurors to speak to lawyers and litigants after a verdict is reached. However, in Federal court this seldom happens.

In conclusion, the jury system, though not perfect, is one of the hallmarks of a free society. Legislators pass laws and judges administer them to some extent. But it is the jury that ultimately enforces these laws by resolving disputes and deciding issues of guilt or innocence. If you receive a jury summons, keep in mind that serving is a responsibility, not a burden.

Mark E. Goodman is a jury trial lawyer with Capes, Sokol, Goodman & Sarachan. He has vast experience in State, Federal and Appellate courts throughout the country. He litigates complex injury and business cases, including railroad, medical malpractice, product liability and commercial litigation. He is a member of the Missouri Association of Trial Lawyers, the American Trial Lawyers’ Association and the Bar Association of Metropolitan St. Louis, and he has achieved the highest rating from Martindale- Hubbell Law Directory.

This article is included for general information purposes only and does not constitute legal advice. The reader should consult qualified legal counsel to determine how laws apply to specific situations.

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