Chapter 9: The Jury

Vocabulary terms and definitions covering Chapter 9: The Jury, including history, constitutional rights, jury size and selection, reform practices, jury nullification, and judicial oversight.

Trial by Ordeal

An ancient method of trial where the defendant performed dangerous tasks under the belief that survival proved innocence.

Magna Carta (1215)

A historic English justice system document that established the first right to a jury and fostered jury independence stemming from distrust of government.

Article III, Section 2

The constitutional provision that establishes the right to a jury trial in federal criminal trials.

Sixth Amendment

A constitutional amendment guaranteeing the right to a jury trial in criminal cases, though with vague details regarding implementation.

Finders of Fact

The role of the jury in evaluating evidence and deciding disputes, strictly limited to what is presented in court.

Fifth Amendment (Jury Context)

The constitutional right of a defendant not to testify, which the jury is legally prohibited from considering during decision-making.

Jury Instructions

Guidance provided to the jury in plain English directing them on how to apply the relevant legal rules to the facts of the case.

Warren Court (1960s)

The era of the U.S. Supreme Court that expanded the federal Bill of Rights guarantee of a jury trial to state court proceedings.

Petty Offenses

Minor criminal charges for which defendants do not possess a constitutional right to a trial by jury.

Rule 23(b)

The federal procedural rule requiring a jury to consist of 12 members in federal criminal trials.

Six Jurors

The fewest number of jurors constitutionally permissible for a trial by jury.

Unanimous Verdict

A traditional verdict requirement that legitimizes decisions and protects minority jurors; required in most states and mandatory for six-member juries.

Master Jury List (Jury Wheel)

A compiled list of prospective jurors within a court's jurisdictional boundaries, typically derived from voter registration lists.

Key-man System

An older jury selection method where community leaders selected prospective jurors rather than selecting them randomly.

Jury Selection and Service Act

Legislation mandating the random selection of prospective jurors to ensure a fair cross-section of the community.

Venire

The overall group or pool of citizens summoned to the courthouse for jury duty.

Jury Panel

The group of prospective jurors selected from the venire who report to a specific courtroom for a particular trial.

Voir Dire

A phrase meaning "to see to speak," referring to the process in which prospective jurors are questioned under oath to determine their fitness to serve.

Challenge for Cause

A formal objection raised during jury selection to dismiss a prospective juror on the grounds that they cannot be fair and impartial.

Peremptory Challenge

A challenge used by attorneys to excuse prospective jurors deemed unfavorable to their case without providing a reason, provided it does not target a specific group.

Trial Notebook

A reform resource provided to jurors containing jury instructions, witness lists with photographs, and key exhibits to aid deliberations.

Jury Nullification

The act of a jury serving as the conscience of the community by refusing to apply a law and voting to acquit, creating an unreviewable decision due to double jeopardy protections.

Judicial Disciplinary Commissions

State-level investigative bodies—one per state—tasked with investigating allegations of judicial misconduct and imposing discipline if verified.