Q&A

Do jurors have to follow the law?

Do jurors have to follow the law?

Juries Have the Power to Ignore the Law (In civil cases, juries may be asked to answer specific questions about their conclusions.) A criminal case usually results in only one of two verdicts: Guilty or not guilty.

Which jury decides if there is probable cause or enough evidence to charge a person with a crime?

The grand jury
The grand jury determines whether there is “probable cause” to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. Consists of 16-23 people.

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What kind of jury is involved in the decision to charge the defendant with a crime?

The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime.

What is the most important factor in deciding whether to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

Does indicted mean guilty?

“Indicted” is a scary word. Whenever anyone flips on the news and hears that someone has been indicted by a grand jury, it sounds like serious business. However, the term simply refers to a procedure in the legal process — a procedure that does not, in fact, indicate someone’s guilt or innocence.

Can judges overrule a jury?

In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.

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Why do some jurors get dismissed?

Either side can ask a judge to dismiss a juror for cause, meaning they believe a juror is biased or lacks the ability to serve. If a judge accepts the challenge, the attorney who issued the strike then has to present a “race-neutral” reason for dismissal.

Should we talk about jury nullification in court?

Just don’t do it. If the judge believes that a juror is thinking about nullification, they will likely remove that juror. But if the juror simply has doubts on the facts of the case, the juror cannot be removed. The inability to discuss jury nullification openly encourages hung juries.

Should I Unlike or unfollow jury nullification groups on Facebook?

It would be useful to “unlike” and “unfollow” Facebook and Twitter groups that advocate jury nullification or reform of drug laws. (You can always rejoin them later when your jury duty term is over.) Take the questions literally. Answer as briefly and generally as you truthfully can.

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Do you get paid for jury duty if you lose your summons?

Your employer has to pay you for your jury service — See learn about compensation for jury duty for more information. If you’re retired, unemployed, or a student, you can get your expenses reimbursed. Call the juror helpline if you lose your summons — If you’ve lost or misplaced your summons, call 1 (800) THE-JURY (843-5879) for help.

Can jurors be punished for their verdicts?

The judge’s ruling established the enduring principle that jurors cannot be punished for their verdicts. Laura Kriho is a jury nullification advocate who was charged with contempt of court while serving as a juror.