What kind of cases have juries

A grand jury is presented with evidence from the U. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. Main content Types of Juries There are two types of juries serving different functions in the federal trial courts: trial juries, also known as petit juries, and grand juries.

The qualifications for serving as a grand or petit juror in New Jersey are the same: A person must be at least 18 years old, a United States citizen, a resident of the county in which summoned and able to read and understand English. Also, grand and petit jurors may not have pleaded guilty or been convicted of an indictable offense and must be able to mentally and physically perform the functions of a juror.

The Judiciary will, with advance notice, provide reasonable accommodations consistent with the Americans with Disabilities Act. The entire group summoned for service by the assignment judge is called the jury panel. The Jury Management Office communicates with judges or their staffs throughout the day so that jurors are provided when needed and so that members of the jury panel may be dismissed for the day once all trial needs are met.

The first step in a trial is to select the number of jurors required to try the case from the panel. As discussed earlier, in most civil trials there are usually eight jurors seated in order to allow for alternate jurors. In criminal cases, there are usually 14 jurors selected, again so that there are alternates available. Jurors are randomly selected by computer. If you are called as a prospective juror, you are required to truthfully answer all questions regarding your qualifications to serve as a juror in the case.

After a short statement is given describing the case and the parties involved, the judge will question the prospective jurors to determine if they are qualified to act fairly, impartially and without interest in the result of the case. There are certain legal grounds for which a juror may be challenged for cause and excused, such as a juror being incapable of being impartial due to prior dealings with a party, witness or attorney involved in the case.

In addition, each side can excuse a certain number of jurors without giving any reason. These are called peremptory challenges. The number of peremptory challenges is limited and is specified within the court rules.

Generally, in a civil case each side has six peremptory challenges, unless the case involves multiple defendants. In that case, the court will determine how many challenges each party will have.

Jurors who are challenged, including by peremptory challenge, should not feel offended — such procedures are simply another safeguard operating within our trial system. The lawyers or the judge may ask prospective jurors questions about their personal lives and beliefs. These questions should be answered fairly, openly, candidly and without embarrassment. If there is any reason prospective jurors feel they should not serve, that reason should be made known during this questioning.

If there is a question a prospective juror feels he or she cannot answer in public, a request may be made to tell the judge privately at the bench. After the oath is administered, the trial begins. At the beginning of the trial, each side has the opportunity to make an opening statement explaining its case, but is not required to do so, except the prosecutor in a criminal trial.

These statements are not evidence, but only an explanation of what each side claims and expects to prove during the trial. Any claims made in the opening statement must be proven by evidence. In a criminal case, the offense is against the people of the state, and the lawyer representing the state is called the prosecutor.

As noted above, the prosecutor is required to make an opening statement. Anything that tends to prove or disprove a claim about the facts is called evidence. Evidence generally takes two forms, oral and documentary. Oral evidence comes in the form of testimony from witnesses.

Documentary evidence may be something in writing, or it may be an article such as a photo or a sound recording. Tangible evidence, such as a piece of an engine or another object, is called an exhibit. The trial judge manages the trial and rules on the admissibility of evidence. Evidence can also be the statement of a witness, a person who observed or participatedmin an event relevant to the subject of the trial.

Whether an individual witness may give testimony is a decision made by the judge. In some cases, the parties may present the testimony of expert witnesses. Rather, an expert witness is someone who, because of his or her qualifications, is in a position to evaluate certain evidence and render an opinion. The judge determines, prior to that person being permitted to testify, whether a witness is qualified, as a matter of law, as an expert.

If a witness is absent, written testimony or, in some cases, videotaped testimony, may have been taken before the trial, with the witness under oath, in a deposition.

Parts of the transcript of a deposition may be admitted as evidence at a trial and will be considered with all other evidence presented in the case. To help prove a case, witnesses are generally called to testify. The witnesses are sworn to tell the truth. A lawyer who has called a witness proceeds with direct examination, asking questions of the witness that will bring out the facts of the case. In any important matter, the lawyer, on direct examination, is not allowed to ask leading questions, which are questions in a form that would suggest the answer.

The questions asked must also have some bearing on the case, and must be relevant by addressing things the witness would be expected to know. If these and other rules are not followed, a lawyer for the other side may object to the question. If the question is improper, the judge will sustain the objection, which means that the question cannot be answered. If the question is proper, the judge will overrule the objection and the witness will be required to answer.

When the direct examination is concluded, the lawyer for the other side may ask questions of the witness, which is known as cross-examining the witness. Types of Cases Heard by Juries There are two types of judicial proceedings in the federal courts that use juries.

At least six people make up a civil jury. The jury must come to a unanimous decision unless specified otherwise. Working Together: Judge and Jury The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case based on what is presented to them during the proceedings. City of N. Las Vegas , U. Adding Up Offenses Prosecutors regularly file more than one charge against defendants.

State-Law Protection The Supreme Court's determination of what constitutes a serious offense and thereby entitles one to a jury trial sets a minimum standard.

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