Jury

History of Jury Trials

• The origin of modern jury trials is traced back to England.

• Ancient Roots: The concept goes back over 2,000 years to ancient Athens and Rome.

  • Early systems used trial by ordeal, including dangerous tasks like walking across burning coals or handling boiling water.

• By the time of American independence, founding fathers were wary of government power and viewed juries as a crucial safeguard against tyranny.

Role of the Jury

• A jury consists of individuals selected from a jury pool for a specific case, acting as fact finders.

• Responsibilities:

  • Consider and evaluate evidence and testimony, often with conflicting narratives.

  • Have discretion to reject unreliable evidence or witness testimonies.

  • Only facts presented in court can be considered; jurors are barred from outside research or personal investigations.

• Jurors must disregard any information excluded by the judge during the trial.

Jury Size & Unanimity Requirements

• The jury's size should adequately reflect the community it represents, facilitating group deliberations and safeguarding against intimidation.

• Size Requirements:

  • Most states use 12-person juries; only 6 states use fewer for felony trials.

  • 35 states allow 6-8 person juries for misdemeanors.

• While not constitutionally mandated, unanimous verdicts are required in most states, including Colorado.

Jury Selection

• The selection process aims to:

  1. Ensure a fair community cross-section.

  2. Select jurors free of bias regarding the case.

• Stages of Selection:

  1. Developing a Master Jury List

  2. From Venire to Jury Panel

  3. Voir Dire

Developing a Master Jury List

• A list of potential jurors is compiled from various sources, ensuring randomness (e.g., driver’s licenses, utility directories, hunting/fishing licenses).

• The jury commissioner determines the needed number of jurors and sends summoning notices to selected individuals.

From Venire to Jury Panel

• Those summoned to serve are termed the venire or jury pool.

• Jurors typically fill out a questionnaire and receive information about the trial.

• A set number of jurors are randomly selected to form the jury panel, with sizes ranging from 20 for 6-person juries to 40 for 12-person juries.

Voir Dire

• After being summoned to the courtroom, jurors undergo questioning to assess their suitability.

• Goal: Select fair, impartial, and unbiased jurors.

• The judge informs jurors about the parties involved and the nature of the case.

• Questions may address:

  • Occupation, marital status, location, experiences with criminal justice, and views on presumption of innocence, reasonable doubt, and police trustworthiness.

Challenges for Cause and Peremptory Challenges

• Voir dire identifies jurors who lack impartiality.

• Removal Methods:

  1. Peremptory Challenges: Allows attorneys to dismiss jurors without stating a reason.

  2. Challenge for Cause: Requires an attorney to justify a juror’s dismissal based on identifiable bias.

Reforms to the Jury System

• Proposals for enhancing juror effectiveness include:

  1. Allowing jurors to take notes for better memory retention.

  2. Enabling jurors to question witnesses through written submissions, fostering engagement (direct questioning is not permitted).

  3. Providing written instructions for each juror.

  4. Supplying a trial notebook containing jury instructions, witness lists with photographs, and key documents admitted into evidence.