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Unit 1: Introduction to Law and the Legal
System
Jury of Your Peers
Introduction
The United States Constitution says,
"The trial of all crimes . . . shall
be by jury" (Article III, Section 2)
"No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of
a grand jury" (Amendment V)
"In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury
of the state and district wherein the crime shall have been
committed" (Amendment VI)
"In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved" (Amendment VII)
This activity focuses on trial juries,
which are also known as petit juries. This type of jury hears
evidence, decides the facts, and determines whether someone
is guilty or not guilty. In some cases, petit juries also
determine a guilty person's sentence. (There are also grand
juries that hear preliminary evidence to decide if there is
enough evidence to formally charge a person with a crime.
They meet before a case ever goes to trial.)
The Constitution gives states and local
jurisdictions the authority to determine the method of choosing
petit juries. In this lesson, you will learn how your state
selects the people who serve on juries. Then you will reflect
on how well that method works to create an unbiased jury.
You will work through the following steps to complete this
activity:
Step 1: |
Use your
state's juror information Web site to answer questions
about jury selection in your state.
| Step 2: |
Think about
how well your state's method samples the available population.
| Step 3: |
Find out more
about the demographics of your state to determine who a "jury
of your peers" would include.
| Step 4: |
Write an essay
reflecting your conclusions. |
STEP 1:
Find your state below and click on it to go to a Web site
that will provide information on how juries are selected in
your state. If you cannot find the information you need from
your own state, click on several other states to compare the
information in those areas. Then return to this site to record
your answers to the questions below.
1. |
Where does the list of potential jurors
come from (drivers' license records, voter registration, etc.)?
|
2. |
How long will jurors be asked to serve?
| 3. |
What will happen if a person does not appear when summoned?
| 4. |
List some examples of people who are exempt from jury
duty. What are some other reasons a person may be excused
from jury duty? (Look for a section that discusses peremptory
challenges or other ways to dismiss jurors.)
| 5. |
What are the rules for employers, and how much are jurors
paid for jury duty? (Think about how this affects the ease
or difficulty for some people to perform jury duty.)
| 6. |
Make note of some other details in your state, such as
age restrictions, how often people are called for jury duty,
and anything else you find interesting. |
STEP 2:
Think-Pair-Share: First, think about the answers you found
to the questions above, and whether these things contribute
to or detract from the effort to create a jury of the defendant's
peers. Then pair up with a partner to compare conclusions.
When your teacher is ready, you will share your ideas with
the class. Below are some things to think about and discuss
with your partner:
Where does the list come from
(drivers' license records, voter registration, etc.)?
Does the answer to this question limit the possible jurors
to certain types of people?
How long will jurors be asked to serve? Does this
make jury duty a hardship for some?
What will happen if a person does not appear when summoned?
Does this penalty encourage people to serve?
What are some reasons a person may be excused from jury
duty? How does this limit the potential juror pool,
and do you find these limits acceptable?
What are the rules for employers, and how much are jurors
paid for jury duty? Think about how this affects the
ease or difficulty for some people to perform jury duty.
What else?—age restrictions, how often people
are called for jury duty, and anything else you found?
How do these affect the juror pool?
STEP 3:
Considering the demographics of the population where you live,
what kind of people would constitute a jury of your peers?
If you need to know more about the demographics of your local
area, the U.S. Census Bureau Web site (www.census.gov)
has a wealth of information about the people who live near
you.
STEP 4:
Write an essay to answer the following question: Based on
what you learned, is it possible to find a jury of your peers?
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