The system also began to reimburse jurors for their mileage to and from the courthouse. The Court declared that the right to a jury trial is fundamental. permits a party to remove a prospective juror without giving a reason for the removal. It allows an attorney to search for biases during the selection process without fear of alienating a potential juror. Juries have greatly changed in recent decades, as the term "impartial jury" in the Fifth Amendment to the Constitution requires that the pool of jurors must include all races, ethnic groups, and women as well as men in percentages relative to the general population.These steps were taken to decrease the economic hardship on potential jurors who might otherwise ignore a jury summons or ask to be excused. In cases in which the punishment exceeds six months' imprisonment, it ruled, the of the Fourteenth Amendment requires that the protections of the Sixth Amendment apply equally to federal and state criminal prosecutions. Supreme Court ruled that the constitutional right to a jury trial does not imply a related right to refuse one (Singer v. This type of challenge has had a long history in U. law and has been viewed as a way to ensure an impartial jury. If, for example, a juror appears offended by the nature of the questioning, that juror can be excluded even if the answers she gives do not demonstrate bias. Parties in federal district courts, as well as in many state courts, can stipulate that the jury size be any number between six and 12. Any failure to achieve that balance, or systematic challenges to those of the same ethnicity of the accused, may result in a claim on appeal that the jury was not fair---in popular jargon, not "a jury of one's peers." This does not mean that a Samoan male must be tried by other Samoan males, but it does mean that the potential jurors must come from a balanced group. Juries are either grand juries, (q.v.) or petit juries. It is scarcely practicable to give the rules established in the different states to secure impartial juries; it may, however, be stated that in all, the selection of persons who are to serve on the jury is made by disinterested officers, and that out of the lists thus made out, the jurors are selected by lot.
One camp believes that the Batson line of cases was a mistake. This group of prospective jurors is called a venire. Jurors sometimes exercise their right to protest against a law that they consider unfair or unjust by voting "not guilty" even though the defendant is guilty of violating that law. This group would prefer to return to unrestricted use of the challenge but, knowing that overturning precedent is unlikely, recommends eliminating the challenge. Once the venire is assembled, attorneys for both the prosecution and the defense begin a process called Voir Dire. This practice is called jury nullification and it goes back to colonial times. Therefore, argue supporters, the peremptory challenge is still a valuable tool in trial proceedings. In criminal trials in most jurisdictions, the jury's job ends with the delivery of a verdict of guilt or innocence on every count pertaining to the case, and the judge determines sentencing. Those who argue for the abolition of the peremptory challenge come from two camps. Generally, most communities use voter-registration lists to choose prospective jurors, who are then summoned to appear for jury duty. In civil cases, juries generally determine the amount of a damages award. As a result of Batson, a peremptory challenge can be questioned by the opposite side if that side believes that it was based solely on race or gender. The judge explains the relevant points of law, which the jury is bound to accept and to apply. Simpson for the murder of his estranged second wife and a friend of hers, for example, Judge Lance Ito issued daily orders to jurors not to discuss the case with anyone. Some potential jurors are challenged (peremptory challenge) because the attorney for one side or the other feels there is some hidden bias.
The reasoning behind this change is that striking jurors on the basis of race or gender perpetuates stereotypes that were prejudicial and that were based on historical discrimination. The judge directs the jury to disregard inadmissible testimony and provides guidelines on the way to behave outside of court. Some instructions vary across jurisdictions and according to judges, such as whether jurors will be allowed to take notes during the trial; generally, they may not. In well-financed cases this has led to the hiring of jury "specialists" and psychologists by attorneys to aid in jury selection. A jury ought not to be troubled by labors and expenses. Judges deeide questions of law, jurors, questions of fact. A body of men selected according to law, for the purpose of deciding some controversy. This mode of trial by jury was adopted soon after the conquest of England, by William, and was fully established for the trial of civil suits in the reign of Henry II.
Viewing the jury as central to the rights of the new nation, the Founders firmly established its role in the U. The Constitution establishes and safeguards the right to a trial by jury in four ways: Article III establishes this right in federal criminal cases; the Fifth Amendment provides for grand juries, or panels that review complaints in criminal cases, hear the evidence of the prosecutor, and decide whether to issue an indictment that will bring the accused person to trial; the Sixth Amendment guarantees in serious federal criminal cases the right to trial by a petit jury, the most common form of jury; and the Seventh Amendment provides for a jury trial in civil cases where the amount in controversy exceeds .
Many urban areas have encountered difficulties in providing racially and economically diverse jury pools.
It merely has to be a reasonable concern that can be articulated. This is not true in state jury trials, where the size of the jury determines whether unanimity is required: A 12-member jury may convict without unanimity, whereas a six-member jury may not.
Defenders of the challenge argue that this is an acceptable modification of the challenge. In some cases, consensus among jurors is very difficult to reach.
The other side has the opportunity to offer a nondiscriminatory reason for the challenge. Following the closing arguments in a trial, jurors deliberate in private to arrive at a verdict, which is then reported to the court by the jury foreman or forewoman.