jury

A certain number of men and women selected according to law, and sworn (jurati) to inquire of certain matters of fact, and declare the truth upon evidence to be laid before them. This definition embraces the various subdivisions of juries; as grand jury, petit jury, common jury, special jury, coroner's jury, sheriffs jury (q.v.).

A jury is a body of persons temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact.

See also trier of fact.

@ advisory jury

A body of jurors impanelled to hear a case in which the parties have no right to a jury trial. The judge remains solely responsible for the findings and he may accept or reject the jury's verdict. Fed.R. Civil P. 39(c).

+ advisory jury

In actions in Federal Court in which there is no jury trial as of right, court may try case with an advisory jury and its verdict is not binding on court. Fed.R.Civ.P. 39(c).

See also jury

@ blue ribbon jury

Jury not drawn from the community at large, but one selected from unusually qualified people; an exceptional jury.

+ blue ribbon jury

Jury consisting of highly qualified persons

@ challenge to jury

See jury challenge.

@ common jury

The ordinary kind of jury (i.e. petit jury) by which issues of fact are generally tried, as distinguished from a special jury (q.v.).

@ deadlocked jury

See hung jury.

@

- fair and impartial jury

@ foreign jury

A jury obtained from a county or jurisdiction other than that in which issue was joined.

@ grand jury

A jury of inquiry who are summoned and returned by the sheriff to each session of the criminal courts, and whose duty is to receive complaints and accusations in criminal cases, hear the evidence adduced on the part of the state, and find bills of indictment in cases where they are satisfied a trial ought to be had. They are first sworn, and instructed by the court. This is called a "grand jury" because it comprises a greater number of jurors than the ordinary trial jury or "petit jury."

At common law, a grand jury consisted of not less than twelve nor more than twenty-three men. Body of citizens, the number of whom varies from state to state, whose duties consist in determining whether probable cause exists that a crime has been committed and whether an indictment (true bill) should be returned against one for such a crime.

If the grand jury determines that probable cause does not exist, it returns a "no bill." It is an accusatory body and its function does not include a determination of guilt.

@ federal grand jury

Every grand jury impaneled before any federal district court shall consist of not less than sixteen nor more than twenty-three persons.

If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. 18 U.S.C.A. No. 3321; Fed.R. Crim.P. 6.

See also inquest; special grand jury.

@ hung jury

A jury which is unable to agree on a verdict after a suitable period of deliberation; a deadlocked jury. The result is a mistrial of the case.

+ hung jury

A jury so irreconcilably divided in opinion that they cannot agree upon any verdict by the required unanimity.

See dynamite instruction

@ impanelling of jury

See impanel

- jury challenge.

@

- impartial jury

@ inquest jury

A jury of inquest is a body of persons summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officers, to inquire of particular facts.

See inquest

@ jury size

While at common law, and traditionally, a jury consisted of 12 members, there is no constitutional infirmity or deficiency in a jury of less than twelve; and it is common for state and Federal district court juries to consist of six persons for civil cases, instead of twelve (e.g. Dist. of Mass.). Colgrove v. Battin, 413 U.S. 149, 93 S.Ct. 2448, 37 L.Ed.2d 522.

Also, in federal district courts, and many state courts, the parties may stipulate that the jury shall consist of any number less than twelve. Fed.R.Civil P. 48; Fed.R.Crim.P. 23.

For size of federal grand jury, see federal grand jury, above

@ polling of jury

See polling the jury.

@ jury tampering

The unauthorized communication with a juror for the purpose of exerting improper influence. State v. Boudreaux, La.App., 526 So.2d 230, 233.

It is proscribed by Federal and state statutes. Cf. 18 U.S. C.A. No.No. 1503, 1504; N.Y. McKinney's Penal Law No. 215.25.

@ petit jury

The ordinary jury for the trial of a civil or criminal action; so called to distinguish it from the grand jury.

@ sequestration of jury

In some cases of great notoriety, the trial judge will order the jury to be isolated from the public (e.g. confined to area of hotel while trial not in session) for the duration of the trial to prevent tampering and exposure to trial publicity. In these cases the jurors are always in the custody of the court.

@ special jury

A jury ordered by the court, on the motion of either party, in cases of unusual importance or intricacy. Called, from the manner in which it is constituted, a "struck jury."

See striking a jury.

At common law, a jury composed of persons above the rank of ordinary freeholders; usually summoned to try questions of greater importance than those usually submitted to common juries.

@

\ traverse jury (See traverse)

@ trial jury

The jury participating in the trial of a given case; or a jury summoned and impaneled for the trial of a case, and in this sense a petit jury as distinguished from a grand jury. A body of persons returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine, by verdict, a question of fact

See jury

@ jury-box

The place in court (strictly an inclosed place) where the jury sits during the trial of a case

@ jury challenge

Challenge for cause. In most jurisdictions, each party to the litigation has right to a certain number of peremptory challenges to jurors at the time of impanelling. In addition, a party has the right to challenge a juror by furnishing a satisfactory reason why such juror should not be seated such as bias or knowledge of the case. Unlike the peremptory challenge for which no reason need be given, the party challenging a juror for cause must satisfy the trial judge that his reasons are compelling.

See e.g. Fed.R.Crim.P. 24.

See also challenge

@