Gavin Howe
The jury's role in the judicial process is to decide the verdict of a trial based on the facts presented and the credibility of witnesses, while the judge acts as a referee, ruling on issues of law and determining which evidence can be considered. In some cases, juries have been known to engage in jury nullification, where they refuse to apply the law as instructed by the judge, which has been justified as a protection against oppressive laws and their enforcement. However, courts have generally prohibited informing juries about jury nullification and retained the power to punish jurors who engage in it. The relationship between the jury and the judge in the decision-making process is a complex and evolving aspect of the legal system.
| Characteristics | Values |
|---|---|
| Jury's role | Decide the verdict |
| Judge's role | Act as a referee; rule on issues of law and decide which evidence can be considered |
| Jury's information | Jury decides based on what is seen and heard in the courtroom |
| Jury nullification | Juries have the de facto power to disregard the law as stated by the judge; juries can be removed if there is evidence they intend to nullify the law |
| Jury instruction | The judge instructs the jury about the relevant laws that should guide its deliberations; the judge may read sections of applicable laws |
| Grand jury | A group of citizens that decides if there is sufficient evidence or probable cause to proceed with formal charges |
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What You'll Learn
Jury nullification
In a court of law, the jury decides the verdict based on what is seen and heard in the courtroom. The judge acts as a referee, ruling on issues of law and instructing the jury about the relevant laws that should guide its deliberations. Jury nullification occurs when jurors think a defendant is guilty but refuse to convict them because they want to send a message about a social issue that is larger than the case or because the verdict dictated by law contradicts the jury's sense of justice, morality, or fairness. Jury nullification is not an official part of criminal procedure, but it is a possible outcome, albeit a rare one.
Some historical examples of jury nullification include jurors refusing to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves or being fugitive slaves themselves, and the refusal of American colonial juries to convict a defendant under English law. Jury nullification can also occur in civil trials. For instance, if the jury renders a "not liable" verdict that contradicts the evidence, the judge can issue a new judgment or order a new trial.
In federal court, the jury decides the verdict, and it is up to the judge to rule on issues of law and decide which evidence can be considered. The judge instructs the jury on the issues in the case, defines unfamiliar terms, and discusses the standard of proof that jurors should apply. The judge may also read sections of applicable laws and advise the jury that it is the sole judge of the facts and the credibility of witnesses.
To ensure a fair and impartial process, courts and attorneys routinely caution juries not to let sympathy or prejudice compromise their evaluation of the evidence. These instructions are often criticized by advocates of jury nullification.
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Judges instruct juries on the law
In a courtroom, the judge acts as a referee, ruling on issues of law before and during the trial. The judge instructs the jury about the relevant laws that should guide its deliberations. This is referred to as the judge's charge to the jury. The judge will read the instructions to the jury, stating the issues in the case and defining any terms that may be unclear. The judge will also discuss the standard of proof that jurors should apply to the case, such as "'beyond a reasonable doubt' in a criminal case or 'preponderance of the evidence' in a civil case.
The judge may read sections of applicable laws and advise the jury that it is the sole judge of the facts and the credibility of witnesses. The jurors are to base their conclusions on the evidence presented in the trial and disregard any statements made by lawyers that are not supported by the evidence. Jurors are expected to use their experience, common sense, and common knowledge, but they must not rely on any private sources of information or discuss the case outside the courtroom.
The judge will also instruct jurors on the interpretation of the relevant laws that govern the case, and jurors are required to adhere to these laws in making their decision, regardless of their personal beliefs. While the jury determines the facts and reaches a verdict within the guidelines of the law, the judge makes the final decisions about the instructions given to the jury.
In some jurisdictions, the court may instruct the jury at any time after the close of evidence, and this sometimes occurs before closing arguments. Jury reform recommendations in some states encourage standardized instructions, suggesting that jurors be given copies or a recording of the instructions.
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Grand jury vs trial jury
The American criminal justice system uses two types of juries: grand juries and trial juries. Both are made up of a group of people called for jury duty, but they serve different purposes.
A grand jury determines whether there is sufficient evidence or probable cause to formally bring charges against a suspect. They hear evidence and testimony that has not yet been made public and make decisions on a case-by-case basis. Grand jury proceedings are held in strict confidence to protect suspects if charges are not brought forward. Grand juries are typically larger than trial juries, and their proceedings are more relaxed, allowing them to view almost any evidence and question anyone they wish. The 5th Amendment states that no one can be indicted for serious crimes without a grand jury first agreeing that there is enough evidence for charges to be made. This helps ensure that prosecuting attorneys do not make reckless decisions when charging someone with a serious crime.
A trial jury, also known as a petit jury, decides on guilt or innocence at the end of a trial, rendering a verdict. They must find proof beyond a reasonable doubt to return a guilty verdict. Trial juries are typically made up of six to twelve people and are usually open to the public. The trial court procedure is strict and controlled by the judge, who rules on issues of law and decides which evidence can be considered. The judge instructs the jury about the relevant laws and advises them that they are the sole judges of the facts and the credibility of witnesses.
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Evidence rules
In a court of law, the jury decides the verdict, while the judge acts as a referee, ruling on issues of law before and during the trial. The judge instructs the jury about the relevant laws that should guide its deliberations. The judge will read the instructions to the jury, stating the issues in the case and defining any terms that may be unfamiliar to the jurors. The judge will also discuss the standard of proof that jurors should apply to the case, which varies depending on whether it is a criminal or civil case.
In the US, the 5th Amendment states that no one can be indicted for serious crimes without a grand jury first agreeing that there is enough evidence to formally bring charges. The grand jury meets in private to see evidence and hear testimony that is not yet part of the public record. They decide if there is sufficient evidence or probable cause to proceed with formal charges.
Research has been conducted to determine how jurors weigh specific pieces of evidence in their verdict decisions. Mock jury research has shown that DNA evidence is considered the most important, followed by fingerprints, the weapon, video records, crime scene photos, and other types of evidence. Eyewitness testimony is also considered important, but it is one of the most unreliable pieces of evidence, as illustrated by the fact that jurors often believe eyewitness identifications to be more reliable than they are in reality.
It is important to note that evidence collected in violation of someone's rights should not be included as part of the case against them. The judge decides which evidence can be considered, and jurors should only make their decisions based on what is presented in the courtroom. Rules are in place to ensure that jurors are not influenced by anything other than the evidence in the case, and violating these rules can result in charges being brought against the juror.
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Jury privacy
However, there is a growing trend towards protecting juror privacy, with some states enacting laws that limit access to juror information. For example, Texas and Colorado have passed statutes prohibiting the release of juror information by attorneys and court staff. California has a similar law, with juror information sealed after a criminal trial unless there is good cause for disclosure, and the juror does not object.
This shift reflects increasing concerns about juror privacy and safety, particularly in high-profile or sensitive cases. In some instances, such as those involving organised crime or terrorism, jurors may be granted anonymity to prevent tampering or retaliation.
During the jury selection process, attorneys may conduct extensive background checks and monitoring of potential jurors to identify bias or influence the jury's verdict. While this can be seen as an invasion of privacy, attorneys have a duty to their clients to ensure an unbiased jury.
Once selected, jurors may face continued monitoring of their activities and online behaviour. Jurors themselves may also inadvertently disclose private information or express bias online, as seen in the Dimas-Martinez case, where a judge read out a juror's tweet.
While public access to juror information is limited in some states, there is a debate between the public's right to monitor trials and jurors' right to privacy. In any case, jurors can take steps to protect their privacy, such as making social media profiles private and removing sensitive information from public websites.
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Frequently asked questions
The judge acts as a referee, ruling on issues of law before and during the trial and instructing the jury about the relevant laws that should guide its deliberations.
The jury decides the verdict based on the facts of the case and the credibility of witnesses. They are to make their decision based only on what is seen and heard in the courtroom.
In Canada, the Supreme Court confirmed in R. v. Krieger, 2006, that juries have the power to refuse to apply the law when their consciences require them to do so. In the United States, jury nullification, or the power of juries to nullify the law, has been affirmed by some courts but not others.
