Peirspictiochtai Ar An Saol
Zero-Based Justice
Part Four
Juries of citizens are among the decision makers within the current system of justice in the United States.
The concept of being judged by a jury of your peers is rooted in the Bill of Rights of the Constitution of the United States of America. Specifically, in the Sixth Amendment for criminal cases and in the Seventh Amendment for civil cases.
Individuals who serve on a jury are expected to be fair by following the law, making decisions without bias, and being impartial in deciding a case.
The individuals selected to potentially serve on juries are chosen from different sources. For example, many jurisdictions use the roster of registered voters, the database of individuals with drivers licenses and identification cards, and other lists that detail individuals who are citizens.
Typically, individuals in a jury pool are 18 years of age or older and reside within a specific jurisdiction. Individual jurisdictions may have other rules regarding who can be included in a jury pool.
Once in a jury pool, the individuals selected are usually required to appear at a court house, or similar location, to be considered for inclusion in a jury for a specific case. If an individual is not able to be at the specific location on the specific date and time, that individual is typically required to inform the official in charge of the jury selection process. If the reason for not attending is accepted, the individual may be placed back in the jury pool and may be called again in the future.
Individuals who disregard a jury notice can be in legal jeopardy.
The number of days a person is required to appear for potential jury selection varies depending on the jurisdiction. Some jurisdictions may have individuals attend one day for potential jury selection, while other jurisdictions may require individuals to appear for several days for potential jury selection.
During this selection process, an individual is typically assigned a number and may be given an initial questionnaire to complete.
If an individual is selected for potential inclusion in a jury for a specific case, that individual is usually asked a variety of questions by a judge, a prosecutor, and a defense attorney. Depending on the questions and answers, an individual may be included in the actual jury or may be excluded for that jury.
Exclusion of an individual from serving on a jury may occur for a specific reason or no reason at all. A prosector and a defense attorney can elect to use a peremptory challenge to keep an individual off of a jury.
A judge can remove an individual from serving on a jury for a specific cause. A prosecutor and a defense attorney can also ask that a judge remove an individual from serving on a jury for a specific cause.
The number of people selected for a jury varies depending on the jurisdiction. Usually, twelve individuals serve on a jury that is deciding a criminal case. Civil cases may be decided by juries with smaller numbers of jurors.
In some criminal cases, an additional person or persons may be selected through the same jury selection process to serve as alternate jurors. This extra juror or jurors on a jury attend all court proceedings as the regular members of a jury, but only participate in jury deliberations to determine whether an individual is “guilty” or “not guilty” if a member or members of the original jury are removed or excused from service.
During a trial, a judge may remove a juror if that juror has engaged in conduct that is not acceptable to the judge.
During a trial, a judge may also excuse a juror if a situation has developed where that individual is no longer able to serve effectively as a member of the jury. For example, this may occur when an individual whose health is in jeopardy or who needs immediate medical care.
The next news column in this series will detail aspects of panels of judges. The news columns will continue to focus on specific characteristics of justice as it is practiced today in many parts of the United States as well as ways that justice could be practiced through Zero-Based Justice.
Peirspictiochtai Ar A Saol – Gaelic – Irish – for “Perspectives On Life” is a column focused on aspects of accountability and responsibility as well as ways people look at life.
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