“The wisdom of our ages and the blood of our heroes have been devoted to the attainment of trial by jury. It should be the creed of our political faith.” – Thomas Jefferson –
Based on my experience, not everyone gets excited to receive a jury summons in the mailbox when they end their work day.
Jury service takes a person away from work, family, and anything else of personal importance. As a juror, he or she is expected to hear criminal cases, some of which are quite disturbing, that involve people they do not even know. Jurors must sit in a courtroom for hours or days, listen to evidence, and render a verdict.
Over the years, I have been asked by a few people regarding how they can avoid jury service. While age, residency in the county of the trial, serious medical conditions, extreme views on the ideas of guilt and innocence, being a convicted felon, and other circumstances can excuse a citizen from appearing in court for jury service, most of the time the person must appear.
Even though a person is summoned and appears in court at the beginning of a trial week does not mean that he or she will serve as a juror on a particular case.
In a felony case, around 45 jurors will be brought into the courtroom. The prosecutor and defense attorney will spend a few hours introducing themselves and asking questions to the potential jurors in order to determine who would and would not be the most fair and impartial juror for that particular case.
Based on the questions and responses, each side can make decisions on which jurors may be favorable or unfavorable to their respective positions on the case.
Although the process is oftentimes called “jury selection”, the term is misleading. It is actually a process of “jury de-selection.” Both sides focus on the most unfavorable jurors to their case and will ask the court to excuse or “strike” those jurors. Each side has nine strikes. The first 12 who are not excused by either side become part of the trial jury to hear the case and render a verdict.
During most trial weeks, the jurors who are not part of the trial jury are released and return home to family, work, and everyday life.
So, why do we bother with inconveniencing our citizens’ lives? This is because as a constitutional republic, the United States, with God’s blessing, has become the most successful, powerful, free, and superior society in the history of the world. The right to a trial by jury separates us from failed democracies, communist dictatorships, and left wing governments.
Other than the strength of our armed forces, this is the greatest foundational safeguard in America. Through the 6th Amendment, our Founding Fathers created juries to act as a vital check and balance between the people and the government. By requiring the state to prove guilt to a group of unbiased peers, the system prevents authorities from prosecuting citizens arbitrarily or under unjust laws.
The Founders viewed the right to a jury as essential for shielding individuals from tyrannical government actions like those perpetrated by kings or unjust prosecutions. By requiring the state to convince a group of everyday citizens rather than just a judge, juries provide a crucial system of checks and balances.
A jury brings the common sense, values, and conscience of the local community into the courtroom. This representative cross-section ensures verdicts are mostly viewed as fair and legitimate by the public.
While the judge determines the applicable law and manages the trial’s proceedings, the jury acts as the sole “finder of fact”. Jurors evaluate evidence, weigh witness credibility, and decide whether a prosecutor has proven the defendant’s guilt “beyond a reasonable doubt”.
Jury service is actually one of the most direct and impactful ways for citizens to participate in their government. It allows everyday people to connect with the Constitution and directly uphold the rule of law.
In both criminal and civil cases, a jury represents a cross-section of the community. While judges determine which laws apply, juries interpret the evidence to decide guilt, innocence, or liability. This injects common sense, empathy, and local moral standards into the sometimes rigid interpretation of the law.
Aside from voting, serving on a jury is the most significant way citizens directly participate in the administration of the U.S. government. It gives everyday people insight into how laws function and the inner workings of local communities.