Notes on Juries

Historically, juries were not always composed of 12 people, despite the common perception.
The number 12 is not sacred; it may stem from biblical times (12 apostles), but expenses dictated jury size.
Criminal cases often use 12 jurors, especially at the federal level and in states like Texas.
Civil cases typically involve six jurors.

Veneer: Individuals are initially selected for the jury pool from voter registration, driver's licenses, ID cards, and sometimes tax rolls.
- Historically, a significant percentage (50-60%) of the potential jury pool was avoided, which may not be accurate or current.
- Tarrant County uses voter registration, driver's licenses, and ID cards to create a larger jury pool.
More people seem to be picked for the jury pool to account for dropouts.
Voidier: The process of interviewing and selecting jurors from the jury pool.
- Attorneys look for individuals supportive of their case, examining social media and using questionnaires.
- Questionnaires may inquire about religion or church attendance to stereotype potential jurors.

Basic criteria: citizen, 18 years old, and mentally sound.
Physical disabilities can be accommodated, as illustrated by the example of a deaf woman who used a stenographer's transcript on a laptop during the trial.
A felony conviction is generally an absolute disqualification.

The goal is to have as broad a pool as possible, eliminating unsuitable candidates.
Prosecutors may seek middle-aged, white, middle-class jurors (as stated in the text).
Individuals with knowledge of the defendant, the case, or biases on trial evidence are precluded.
Attorneys ask questions to uncover hidden biases, such as opinions on police officers.

Challenges for Cause: Unlimited, used when a bias is evident, and no record is needed.
Preemptive Challenges: Limited in number and cannot be based on race, ethnicity, or gender.
- The Batson claim can be used even if the defendant is a different race than the excluded jurors.
- Case notes may be subpoenaed to check for discriminatory practices.
- The case involving Justice Roberts supported precluding a juror because of their appearance of long hair and unkemptness.

The number of preemptive challenges varies by case, with fewer challenges in non-capital crimes.
Analysis of potential jurors may consider gender, occupation, and socioeconomic status; household income might be a question asked.
The seminal case on discriminatory jury selection is Batson (1986), which was applied retroactively.

Jury consultants are used in high-net-worth cases (e.g., OJ Simpson trial) and claim a high success rate (95%).
They use social media to find demographic characteristics, media preferences, and knowledge of defendants.
They aim to understand potential jurors' opinions on various topics, such as trust in government, personal characteristics, and religious attitudes.

Federal courts typically have 12 jurors, but states can vary.
Louisiana cases have influenced Supreme Court decisions on jury size. They had a case where nine guilty and three innocent verdicts were okayed.
Experimented with non-unanimous verdicts (e.g., 10-2 or 9-3). Nine and three verdicts were allowed by the Supreme Court.
Smaller juries (five members) have been disallowed due to concerns about group dynamics.
Six-person juries typically require unanimity.

Jury sequestration is becoming less common due to costs and the difficulty of isolating jurors from outside influences in the digital age.
It isolates jurors from potential biasing press and community sentiment.
The OJ Simpson jury was sequestered for 266 days at a cost of millions.

Two types of juries: verdict-driven (voting immediately) and evidence-driven (analyzing evidence).
The initial vote often aligns with the final verdict in properly deliberated juries.

The text explores alternatives, such as "blue ribbon" juries with expertise in the law, but no one is practicing it.
New York has automatic exemptions for lawyers, doctors, clergy, dentists, and optometrists.
Verdicts of judges and juries align in 78% of cases, disagreeing in 22%.

Trial strategy begins with deciding whether to opt for a jury trial.
Judges apply the law, while jurors may be influenced by the defendant's appearance or demeanor.
Juries are often used on removing a domicile restriction and disproportionate share of property cases.
Examples: Luigi Mancioni case and jury sympathy.

Jury nullification occurs when jurors acquit a defendant despite the evidence, believing the law is unjust.
Examples include William Penn, Marion Barry, Lorena Bobbitt, and John DeLorean cases.
Jury nullification is the absolute authority to acquit, regardless of evidence, when the law would be a miscarriage of justice.
Double jeopardy makes the jury verdict irreversible, with no right to appeal unless there is jury tampering.

Types: lying to avoid jury duty and misconduct during service (e.g., drinking, visiting the crime scene unsupervised).
Jurors can be held in contempt or charged with criminal behavior, though prosecution is rare.
Misconduct can lead to a mistrial.

Alternate jurors are appointed to avoid mistrials if misconduct occurs.
Alternate jurors are selected but do not participate unless needed to replace a regular juror.