When you receive a jury summons, whether it’s for federal or state court, the basic rules are similar. You may be selected for either a grand jury or a petit jury.
A grand jury typically consists of at least 23 members and some alternates. Unlike a trial jury, they hear multiple cases but don’t determine guilt or innocence. Their role is to decide if there’s enough evidence (probable cause) to require a defendant to stand trial. Grand jury proceedings are always held in secrecy.
A prosecutor leads the grand jury, guiding them through the process and ultimately telling the jury what they want in terms of an indictment. The foreman of the jury signs the indictment if the jury agrees. The grand jury need not be unanimous in returning their verdicts.
You’ll never see a defense attorney in a grand jury room because they’re not allowed. Defendants are usually invited to testify, though defense lawyers nearly always advise against it. On rare occasions, a defendant may choose to testify, but this often harms their case.
The prosecutor explains which criminal laws apply and presents a narrative for why they seek an indictment. They usually call witnesses, often police officers, to testify about what happened. Unlike in a trial, hearsay is allowed, and there’s no defense attorney to object to leading questions from the prosecutor.
Soon, the prosecutor asks the grand jury to vote on whether to issue an indictment (a “true bill”). If they decide there’s not enough evidence, they return a “no bill.”
Here’s what the grand jury isn’t told: they have immense power. They can demand that real witnesses or evidence items be brought in and questioned directly. Prosecutors hate when this happens because it disrupts their control over the process.
Prosecutors prefer jurors who are compliant. But remember, when you’re on a grand jury, it’s your power, not the prosecutor’s. Don’t be afraid to use it.
Now let’s talk about the petit or trial jury, the one most people are familiar with from movies or news. After both sides present their case and make closing arguments, the jury is given instructions. Then comes the deliberation.
Here’s where your true power as a juror comes into play: jury nullification. This means you can decide that the law being applied is unjust or unreasonable. You don’t have to follow the instructions exactly, and no one can punish you for this decision.
Jurors are often told not to consider the potential penalties of their verdict. When they speculate, they’re usually wrong. I believe juries should be informed about the consequences, but they never are. In some cases, juries are given options, like choosing between a murder or manslaughter conviction. These compromises can lead to verdicts that don’t always reflect justice, though they’re sometimes appropriate only if the defendant is truly guilty of a lesser offense.
As a juror, your verdict is yours alone. Don’t let others pressure you into changing your mind. If the jury can’t agree unanimously, a mistrial is declared, and the prosecutor can choose to retry the case or offer a more attractive plea deal to the accused.
After a guilty verdict, there’s still a brief window for jurors that voted Guilty to change their minds. The defense lawyer will often ask for the jury to be polled, and I’ve seen two cases where a juror has said “no” when asked if it was truly their verdict. In such cases, a mistrial is required.
That’s the reality of jury duty. Don’t be afraid to exercise your power—it’s an essential part of the justice system.
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