Do jurors decide what laws apply to the case before them, and what do those laws mean?
No. The judge decides questions of law, and the jurors decide questions of fact.
Is it okay for a juror to make a decision before hearing all the evidence?
No. A juror should wait until all the evidence has been heard.
Is it okay for a juror to sympathize with the victim or the defendant as the juror makes a decision?
No. The juror's decision should be based on the facts, not on sympathy.
In deciding whether a person committed a crime, should a juror think about what the punishment is going to be?
No. The possible punishment should not effect the jury's decision about whether the person is guilty.
Should jurors investigate the facts during breaks in the trial, to find out what really happened?
No. A juror can consider only the evidence presented in the courtroom during trial.
During the trial, can a juror talk about the case with family members or other jurors?
During a criminal trial, jurors may not discuss the case with anyone, even other jurors, until the judge tells them it is time to decide. And then only with other jurors on the case can a juror discuss the evidence.
With recent jury reforms (effective September 1, 2011), civil juries may discuss evidence in the jury room during recesses when all jurors are present. However, they must hear all evidence, instructions, and argument before making a decision.
In every case before the verdict is decided, it is important that jurors not discuss the evidence with family members or anyone who is not a fellow juror.
When it's time for the jury to decide the case, can the jurors ask to see or hear the evidence from the trial one more time?
Yes. If the jurors need to see or hear some of the evidence again, they can ask the judge to let them do so. Jurors are not required to rely on their memories when deciding a case.
How many persons are on a jury?
It depends on what kind of case it is. Serious criminal cases have 12 persons on the jury. Civil cases and less serious criminal cases have 6 persons on the jury.
Must a jury reach a unanimous verdict? Do they all have to agree on the verdict?
It depends upon the type of case. In a criminal case, all of the jurors—either six or 12, depending upon the severity of the crime—must agree on the decision. Typically, a civil case is decided when five of the six jurors agree. In a small number of civil cases, a simple majority of the jurors (four of six) determine the verdict if the parties have stipulated they will accept this decision.