Trial by Jury
Class 2
7th Amendment– U.S.
Constitution
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“In Suits at common law, where the
value in controversy shall exceed
twenty dollars, the right of trial by jury
shall be preserved,……..”
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Jury trial guaranteed in civil cases in federal
courts
6th Amendment– U.S.
Constitution
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“In all criminal prosecutions, the
accused shall enjoy the right to a
speedy and public trial, by an
impartial jury of the State and district
wherein the crime shall have been
committed…..”
SRI Int’l v. Matsushita Electric Corp. of America,
775 F.2d 1107 (9th Cir. 1985)
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Facts: involved a claim of patent
infringement on complicated technology
Defendant argued the “complexity
exception”– legally or factually complex
matters are “too complex” for juries to
comprehend, and those cases should be
tried by a single judge.
SRI Int’l v. Matsushita Electric Corp. of America,
775 F.2d 1107 (9th Cir. 1985)
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Upheld right to trial by jury under the 7th
Amendment;
There is no distinction in the 7th Amendment
between complex and less complex factual
issues
No basis for a complexity exception denying
parties the constitutional right to a trial by
jury under the 7th Amendment.
Arguments against jury trials
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Trial by judge is more impartial
Trial by judge is more efficient
A judge is more independent
Trial by a Judge upholds respect for the
law
Right to Trial by Jury
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Civil Cases
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Right to jury trial in federal civil cases
States differ on whether there is a jury trial
right in civil cases (not required by 7th
Amendment)
Lots of litigation over kinds of civil cases
entitled to jury trial
Right to Trial by Jury
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Criminal Cases
Right to Trial by Jury in federal cases
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Guaranteed by Article III and the 6th Amendment
of the Constitution
Most state Constitutions require trial by jury
in all criminal cases.
Supreme Court has held that trial by jury is
guaranteed for all serious criminal cases.
Selection of the Trial Jury
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Venire: list from which jurors are selected
(voter registration lists, driver’s license
records; telephone directory)
Goal is to have cross-section of the
population represented
Some exemptions: person < 18;
incompetents, non-English speaking etc.
Hardship exemptions
Selection of the Trial Jury
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Summons—subpoened to come to court
Considered citizen’s duty—illegal in most
states to fire someone serving on a jury;
Voir Dire: lawyers or the judge question the
jurors to determine their suitability to serve.
Peremptory Challenges—lawyer can excuse
certain number of jurors for any reason
Challenges for Cause– can challenge any
juror who has obvious bias in case.
Federal Rules of Evidence
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Many of the Rules exist to regulate the
information given to the jury.
“hearsay” statement, other than
testimony at trial, introduced at trial to
prove the truth of the matter asserted
--John talked to Joe who said that the
defendant ran the red light.
--excluded if offered for the truth…
Jury Verdict – Civil Case
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Jury listens to testimony and considers
written evidence.
Jurors don’t ask questions during trial.
After closing arguments, Judge reads
instructions on the law to the jury.
Jury must decide the facts based on the
evidence, and apply the law to the facts.
Jury also decides damages.
Jury Verdict
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Hung Jury: jury that is unable to
reach a verdict. Judge will eventually
declare a mistrial.
Announcing the verdict—written verdict.
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Foreperson hands verdict to judge who
reads it and hands it back.
Verdict read by foreperson