The Role of Juries

1. The Role of Juries SS.7.C.3.11: Diagram levels, functions, and powers of the courts at the state and federal level. Examine the significance of the role of juries in the American legal system

2. Images from the National Center for State Courts Graphic Novel

3. KWL K (Know) Brainstorm what you know about juries. W (Want to Know) Write down 2-3 things you would like to learn about juries. L (Learned) At the end of the lesson, write down what you have learned about juries.

4. How do we define a “jury”? • A jury is a group of citizens summoned and sworn to decide on the facts of the case at a trial. • Juries in Florida can be composed of 6 or 12 citizens, depending on the type of case.

5. History of Juries • The American jury system has its origins in medieval England (16th century). • Twelve men were assembled to state, under oath, their knowledge of who owned land or who was entitled to inheritance when there were disputes. • At this time in history, juries were to be “self-informing”, meaning they were expected to have preexisting knowledge of the facts. • Over time, the jury would evolve to be expected to make a decision based solely on evidence presented at trial and the facts of the case.

6. Magna Carta, 1215 The jury system has roots that can be traced back to the Magna Carta, where the historical document states: No free man shall be arrested or imprisoned or disseised [property taken] or outlawed or exiled or in any way victimized, neither will we attack him or send anyone to attack him, except by the lawful judgment of his peers or by the law of the land.

7. Read All About It! Why did the Founders think a jury was important? Read handout A and underlineor highlight evidence that shows the significance of a trial by jury.

8. Why Did the Founders Think a Jury Was Important? “For depriving us in many cases, of the benefits of Trial by Jury…” - Declaration of Independence "The civil jury trial is preferable to any other and ought to be held sacred." -- Virginia Declaration of Rights, 1776 "In civil suits the parties have a right to trial by jury and this method of procedure shall be held sacred." -- Massachusetts Constitution, 1780

9. The Role of the Jury • The jury is to prevent government oppression of the accused. • Think about it: • What if there were no such thing as jury trials? • What would the justice system look like in the United States? • The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision. • The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases, and "liable" or "not liable" in civil cases.

10. Role of Judges • When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury. • The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible. • The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts.

11. The Judge and the Jury The judge rules based on the law… …and the jury makes a decision based on the facts found in evidence and the judge’s instruction on the law.

12. Jury Service : Responsibility or Obligation? What do you think? Is jury duty… A responsibility? Anobligation? Anobligation!

13. What if you do not show up for jury service? Federal Court Title 28 United States Code, Section 1864 (b) states that persons who are summoned to appear for Federal Jury Service and fail to appear may then be ordered to show cause why they should not be held in contempt of court for non-compliance with the court summons. Persons then failing to appear or to show cause for non-appearance may be fined $1000.00 and/or imprisoned for not more than three days and/or be required to perform community service. State Court Florida Statute 40.23(3) - Any person who is duly summoned to attend as a juror in any court and who fails to attend without any sufficient excuse shall pay a fine not to exceed $100…and, in addition, such failure may be considered a contempt of court.

14. The Fair and Impartial Jury Carousel • Think about a jury. What would make a jury “fair” in your eyes? • You will be looking at six cases throughout history that address juries. • Read the facts of the case and analyze the significance and impact of those cases on the American jury system. • Create an illustration for each case, showing how the case has influenced juries.

15. Why should juries look like? Buschell’s Case Independent juries free to come to their own verdict. Sheppard v. Maxwell Verdict to be based on evidence presented in court, not from outside sources. Witherspoon v. Illinois Juries must be willing to consider the death penalty in a particular case. Taylor v. Louisiana Jurors cannot be excluded on the basis of gender; juries should represent a cross section of the community. Batson v. Kentucky Jurors cannot be excluded on the basis of race; juries should represent a cross section of the community. Williams v. Florida Permitted the use of a 6-person jury as opposed to the historically implemented 12-person jury.

16. Two Court Systems The judicial branch is divided into two parallel court systems: federal courts and state courts. State courts get their powers and jurisdiction from the Florida Constitution and state statutes. Federal courts get their powers and jurisdiction from the U.S. Constitution and federal laws.

17. Juries in the Federal Courts

18. US Constitution Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State… Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

19. How are jurors summoned in federal courts? • Potential jurors are chosen from a jury pool generated by random selection of citizens' names from lists of registered votersin the judicial district. • The potential jurors complete questionnaires to help determine whether they are qualified to serve on a jury. • After reviewing the questionnaires, the court randomly selects individuals to be summoned to appear for jury duty.

20. Juries in the Federal Courts Criminal Trials Civil Trials • Criminal juries consist of 12 jurors. • A unanimous decision must be reached before a defendant is found "guilty." • Civil juries must consist of at least six jurors. • At any time before verdict, the parties, with the approval of the court, may stipulate that the jury shall consist of fewer jurors than required for a full jury, but in no case fewer than six jurors • The verdict must be unanimous unless the parties stipulate otherwise.

21. Amendment V • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… • What is a grand jury?

22. Grand Juries in Federal Courts • The grand jury consists of 16-23 citizens. • Applies to criminal cases. • Grand jurors analyze the evidence presented by a government attorney and then decide, based on this evidence, whether to indict (charge) an individual with a crime. • Twelve or more grand jurors must vote in favor of the indictment before it may be returned.

23. Juries in the State of Florida

24. FL Constitution • Article I – Declaration of Rights • SECTION 22. Trial by jury.—The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law. • The requirements for the numbers of jurors are found in the Florida statutes (Title V – Judicial Branch, Section 40 - Juries)

25. How are jurors summoned in Florida? • The pool of prospective jurors is drawn at random from a list provided by the Department of Highway Safety and Motor Vehicles.  • This process began in 1998, which allows for the summonsing of all citizens in Florida with a valid Driver's License or Florida identification card.  Sample driver license and identification card from the FLHSMV website.

26. Juries in the Florida Courts Criminal Court Civil Court • Twelve persons shall constitute a jury to try all capital cases • A unanimous decision must be found in the guilt phase • However, in the penalty phase, a majority (7-5) is required to recommend the death penalty or life imprisonment • Six persons shall constitute a jury to try all other criminal cases and must reach a unanimous decision to convict • In all civil actions when a jury is impaneled, a jury of six qualified jurors is sufficient and the verdict must be unanimous. • In cases of eminent domain, a jury of twelve qualified jurors is required by law and the verdict must be unanimous. • What is eminent domain?

27. Eminent Domain • Amendment V of the U.S. Constitution: • …nor shall private property be taken for public use, without just compensation. • Eminent domain is when the government takes private property for public use • The government must offer a fair price, or, just compensation • Examples: taking your private property to put sidewalks in a neighborhood, taking private property to build a football stadium

28. Grand Juries in the Florida Courts • The grand jury in Florida consists of no fewer than 15, but no more than 21 persons. • In addition to capital cases, grand juries often are utilized for controversial cases such as those involving alleged wrongdoing by public officials. • In Florida, a grand jury indictment is required to try a person for a capital offense; i.e., one where the death penalty may be given.

29. State Courts Federal Courts The judicial branch is divided into two parallel court systems. Grand Jury 16-23 members Grand Jury 15-21 members Trial Jury Trial Jury • Civil Cases • At least 6 jurors • unanimous verdict Criminal Cases • Criminal Cases including capital cases • 12 jurors • unanimous verdict • Civil Cases • At least 6 jurors • unanimous verdict • Non-capital cases • At least 6 jurors • unanimous verdict • Capital cases • 12 jurors*

30. Hung Jury • A hung jury, or a deadlocked jury, is when the jury cannot agree on a verdict in a case where a unanimous verdict is required. • What happens next? • The case is not decided, and it may be tried again at a later date before a new jury. • The plaintiff or government may decide not to pursue the case further and there will be no subsequent trial. • Why do you think there is a requirement for a unanimous jury? • Do you think this is fair? Why or why not?

31. Juveniles and Juries • In Florida, juveniles do not have their cases heard by a jury. • A judge reviews evidence and arguments from both sides and comes to a decision on the case. • In a hearing alleging that a child has committed a delinquent act or violation of law, the evidence must establish the findings beyond a reasonable doubt. • The child is entitled to the opportunity to introduce evidence and otherwise be heard in the child’s own behalf and to cross-examine witnesses. • A child charged with a delinquent act or violation of law must be afforded all rights against self-incrimination. Evidence illegally seized or obtained may not be received to establish the allegations against the child.

32. What are the qualifications of a juror in Florida? • Taken from male and female persons • At least 18 years of age • Citizens of the United States • Legal residents of this state and their respective counties • Possess a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles Florida Statute 40.01 identifies the qualifications of jurors as: Jurors shall be taken from the male and female persons at least 18 years of age who are citizens of the United States and legal residents of this state and their respective counties and who possess a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles

33. You Decide What do you think? • Do you think there should be more or different requirements for people to serve as jurors? • Brainstorm a list of 5-10 requirements you would want for potential jurors to have to abide by. • Why are these requirements important to you? • In a small group, share your requirements. Create a list of all of the requirements your group created.

34. Coming to a Decision “Justice will be done if jurors base their verdicts solely upon the evidence and upon the judge’s instructions as to the law, rather than upon their own notions of what the law is or ought to be.” (FL Bar Handbook)

35. KWL K (Know) Brainstorm what you know about juries. W (Want to Know) Write down 2-3 things you would like to learn about juries. L (Learned) Write down what you have learned about juries.