There are many rules that dictate how things will occur in the courtroom before and during a federal trial. These rules and procedures help to make sure every court proceeding is fair. This consistent, predictable system also helps us to have confidence in the rulings of the judge and jury. In federal court, the jury decides the verdict. It’s the judge’s job to act as referee, ruling on issues of law before and during the trial. Federal judges keep up to date on many laws and rules such as:
The U.S. Constitution provides for trial by jury in most situations. Therefore, even though the judge presides over the activities in the courtroom and rules on issues of law, the decisions about facts are made by ordinary, average citizens. The jury system is not an American invention. Trial by jury and the grand jury existed elsewhere before our states were even colonies.
The grand jury is different from the trial jury. The 5 th Amendment states that no one can be indicted for serious crimes without first having a group of citizens, a grand jury, agree there is enough evidence to formally bring charges. Even though an accused person is considered innocent until found guilty at a trial, simply being accused of a crime (indicted) is enough to disrupt one’s life and reputation. The grand jury is used to ensure prosecuting attorneys do not make reckless decisions when charging someone with a serious crime.
All across the country, groups of citizens meet as grand juries in each of the federal districts. They meet in private, seeing evidence and hearing testimony that has not yet been made part of the public record. Grand jurors make the decision on a case-by-case basis as to whether or not there is sufficient evidence, or probable cause, to proceed to formal charges. If the grand jury decides there isn’t enough evidence to proceed, the charges are never filed. Like trial by jury, the grand jury was not invented by the United States. It also appeared in the Magna Carta.
Trial jurors are sometimes called petit jurors. Petit jurors are also average citizens who are called upon to participate in the trial process. Before someone accused of a crime can be put in prison, they need to be found guilty by a group of people from the community who, despite their varied background and experiences, can come to agreement on the facts in the case. Though trial by jury is an important right in America, a criminal defendant can waive this right and have the case decided by a Judge alone. If that happens, it is called a bench trial. In the 7 th Amendment, the Bill of Rights also guarantees you the right to jury trial for civil matters.
Because a jury trial is an important right of American citizenship, serving on a jury is a required duty of all American citizens who have reached the age of 18. The district court will send out a jury summons to eligible citizens, requiring them to report to the courthouse for jury duty. Potential jurors are selected at random, to ensure there is a fair mix of all types of citizens in the courtroom. When citizens are called for jury duty, they report to the federal courthouse in the district in which they live. When it’s time for the trial to begin, a large group of the jurors are taken to the courtroom to participate in voir dire, or jury selection. For a federal criminal trial, the final jury will have 12 members, plus one or more alternates. After the trial concludes, only 12 jurors get to participate in the decision making. For a federal civil trial, the final jury can have up to 12 members, but can’t be any smaller than 6.
Once all potential jurors have been removed in this manner, the jury is then selected and empaneled. The courtroom deputy clerk will swear them in as the jury, the judge gives the jury some initial instructions, and the trial can begin. Those who are not empaneled are usually free to go, though some courts may ask them to stay for other cases that day or week.
As the trial proceeds, the judge may give additional instructions to the jurors as issues of law arise. At the end of the trial, the judge will give the jury detailed instructions as they retire to the jury room to deliberate and come to their verdict. One of the most important parts of these final instructions include the specific listing of all of the things that must be true in order to reach a guilty verdict in a criminal case, or to find the defendant liable or at fault in a civil case. The final jury instructions will also include an explanation of the burden of proof to be used. In federal criminal cases, the jury must believe the defendant is guilty beyond a reasonable doubt in order to return a guilty verdict. This means that no reasonable person would doubt that the defendant had committed the crime. The burden of proof in civil cases is different; it is by the greater weight of the evidence (sometimes called preponderance of the evidence). This means that, in order to find the defendant at fault, the jury must believe that it is more likely than not that the defendant is liable for the plaintiff’s injury. This is a less difficult burden of proof than beyond a reasonable doubt. In federal court, all jury verdicts must be unanimous.
Why is the burden of proof higher in a criminal case? Criminal cases have harsher penalties; you might be fined, jailed, or even put to death after being found guilty. But in a civil case, you can only lose money. So the courts want to the jury to be sure beyond any reasonable doubt that the defendant did in fact commit the crime as charged.
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