Americans accused of a serious crime have the right to a trial by jury. But what does this actually mean for you or your loved one who stands accused? What rights and protections do you have? What is a grand jury, and are you involved in it? And what can you do if you feel the jury is wrong? Defend yourself better by learning the answers to these and other important questions.
Why Is a Jury Trial Important?
The Constitution includes the right to a jury trial for several valuable reasons. Because the jury is made up of laypersons rather than those versed in the law, they are your peers and decide things based on what a reasonable person would be convinced are the facts. This is good for you, as you can appeal to them as neighbors whose thinking and circumstances you can understand better.
The standard for conviction in a criminal case is higher than in a civil case, and many juries must be unanimous in their decisions. Again, this works in your favor because the prosecution needs to convince a large group rather than just one individual. This bar is set intentionally high to protect the life and freedom of the defendant.
What Is a Grand Jury?
You may have heard of the concept of a grand jury through movies or television, or you may be introduced to it during your investigation. Either way, what is a grand jury? Essentially, this is a process in which the prosecution presents their side of a case to a pool of jurors to determine if the jurors feel that there is enough evidence to warrant a regular trial.
Grand juries are held in secret, so you won’t know that one was held until it’s over. In some cases, you may never know there was a grand jury if nothing comes from it. The grand jury hears just one side of the case—the prosecutors’—and uses relaxed standards to decide if a full trial is appropriate. While this is a secret process, your standard trial begins anew and is not determined by the grand jury’s decision.
Is Your Jury Pool Tainted?
A jury is meant to be a group of ordinary citizens who can judge the facts of the case impartially. However, this isn’t always guaranteed. Jurors live in the local area, so they watch the news, read content on the internet, and hear word of mouth just like you. This doesn’t affect most cases because news of the case isn’t widely disseminated before the trial.
Sometimes, though, a case is publicized intentionally or organically before the accused gets their day in court. If it’s possible that jurors will have formed an opinion prior to the trial, the judge and both sides’ legal counsel may directly address the need for impartiality with the jurors.
If that is not enough to give both sides confidence that the jury is not biased, then the judge may order the trial moved to a different location or (rarely) for the jury to be sequestered to prevent access to media coverage during the trial.
Can You Pick Your Jury?
Juries are largely chosen at random. However, that doesn’t mean you have no say in who judges your case. Both the prosecution and defendant may ask relevant questions of jurors after these are seated (known as voir dire). Then, either team may request specific jurors to be replaced with another. You can’t replace all jurors, but you can minimize the biggest risks of bias against you.
What If the Jury Is Wrong?
Ideally, the jury will see your side of the case and agree that you are innocent. If this doesn’t happen, though, what can you do next? The system has built-in appeals options. The defendant may appeal specific issues to the judge, requesting decisions on possible legal errors that led to a guilty verdict. If that is insufficient, you may submit your request to the court of appeals, which is tasked with just this matter.
These appeals, though, are not requests to set aside a jury verdict simply because you didn’t like it. Appeals are made based on legal issues that may have resulted in an unfair trial. For example, you may believe the judge was wrong to allow a crucial piece of evidence to be presented. You may appeal this decision. If successful, you could even win the right to a new trial without the disallowed evidence.
Where Can You Learn More?
Juries are a key part of a successful defense. However, they can also be confusing and intimidating. Protect your rights by learning more about the jury process. Siben & Siben LLP can help. We’ll answer your questions and address any concerns about your right to a fair trial. Then, we’ll work with you to build the strongest case possible. Call today to learn how.