Jury Function in the United States
Jury Function of a Jury
Introduction to Jury Function
After a satisfactory jury has been drawn, the jury is sworn, and the trial proceeds. In general, during the progress of a trial, all questions of law are determined by the court and questions of fact by the jury. The limits of the inquiry as to facts are determined by the pleadings and the rules of evidence. Whether evidence is properly admissible or not is a question for the court, but the weight and credibility of the evidence admitted are determined by the jury. The court, however, may decide a question of fact without sending the question to the jury if no conflict of evidence exists on the point. The court may also interpret written instruments received in evidence without aid of the jury.
After all the evidence has been presented, the two counsels, first for the defendant and then for the plaintiff or prosecution, “sum up,” that is, each addresses the jury, reviewing the evidence in the case and commenting on it in a manner favorable to that counsel’s side of the case. The judge then makes a charge to the jury. The charge is a statement of the rules of law applicable to the evidence in that particular case. It is given in order to aid the jury in rendering a correct verdict. The jury then retires from the courtroom to begin deliberations. These deliberations continue until an agreement as to the verdict is reached, or until the presiding judge deems that the jury cannot reach an agreement. The latter case is known as a hung jury. In the event that no agreement is reached, a new trial may be called. All members of a jury must agree on a verdict, which in a civil trial may be “for the plaintiff” or “for the defendant,” and in a criminal trial “guilty” or “not guilty.” (In some states, however, the verdict in a civil trial need not be unanimous.) In a civil trial the jury is then empowered to set the amount of any damages. The verdict of a jury is decisive and cannot be disturbed unless rendered contrary to law or against the weight of evidence. In such a case the verdict may be set aside, either by the presiding judge or later on appeal. See Verdict.” (1)
Resources
Notes and References
- Information about Jury Function in the Encarta Online Encyclopedia