SS.7.C.3.11: Diagram levels, functions, and powers of the courts
at the state and federal level.
• Examine the significance of the role of juries in the
American legal system
Images from the National Center for State Courts Graphic Novel
KWL
K
(Know)
Brainstorm what
you know about
juries.
W
L
(Want to
Know)
(Learned)
Write down 2-3 At the end of the
lesson, write
things you
would like to down what you
have learned
learn about
about
juries.
juries.
How do we define a “jury”?
 A jury is a group of citizens summoned and sworn to
decide on the facts of the case at a trial.
 Juries in Florida can be composed of 6 or 12 citizens,
depending on the type of case.
History of Juries
 The American jury system has its origins in medieval
England (16th century).
 Twelve men were assembled to state, under oath, their
knowledge of who owned land or who was entitled to
inheritance when there were disputes.
 At this time in history,
juries were to be “selfinforming”, meaning
they were expected to
have preexisting
knowledge of the facts.
 Over time, the jury
would evolve to be
expected to make a
decision based solely
on evidence
presented at trial and
the facts of the case.
Magna Carta, 1215
The jury system has roots that can be traced back to the
Magna Carta, where the historical document states:
No free man shall be arrested or imprisoned or disseised
[property taken] or outlawed or exiled or in any way
victimized, neither will we attack him or send anyone to
attack him, except by the lawful judgment of his
peers or by the law of the land.
Read All About It!
Why did the Founders think a jury was
important?
Read handout A and underline or highlight evidence
that shows the significance of a trial by jury.
Why Did the Founders Think a Jury
Was Important?
“For depriving us in many cases, of the benefits of Trial
by Jury…” - Declaration of Independence
"The civil jury trial is preferable to any other and ought
to be held sacred." -- Virginia Declaration of Rights,
1776
"In civil suits the parties have a right to trial by jury and
this method of procedure shall be held sacred." -Massachusetts Constitution, 1780
The Role of the Jury
 The jury is to prevent government oppression of the
accused.
 Think about it:


What if there were no such thing as jury trials?
What would the justice system look like in the United States?
 The jury listens to the evidence during a trial, decides
what facts the evidence has established, and draws
inferences from those facts to form the basis for
their decision.
 The jury decides whether a defendant is "guilty" or
"not guilty" in criminal cases, and "liable" or "not
liable" in civil cases.
Role of Judges
 When cases are tried before a jury, the judge still has a
major role in determining which evidence may be
considered by the jury.
 The jury is the fact-finder, but it is left to "find" facts
only from the evidence which is legally admissible.
 The judge instructs the jury on the legal principles
or rules that must be followed in weighing the
facts.
The Judge and the Jury
The judge rules
based on the law…
…and the jury makes a
decision based on the
facts found in evidence
and the judge’s
instruction on the law.
Jury Service : Responsibility or
Obligation?
What do you think? Is jury duty…
What if you do not show up for
jury service?
State Court
Florida Statute 40.23(3) - Any
person who is duly summoned to
attend as a juror in any court and
who fails to attend without
any sufficient excuse shall pay
a fine not to exceed $100…and,
in addition, such failure may be
considered a contempt of court.
Federal Court
Title 28 United States Code, Section
1864 (b) states that persons who are
summoned to appear for Federal Jury
Service and fail to appear may then be
ordered to show cause why they should
not be held in contempt of court for
non-compliance with the court
summons. Persons then failing to
appear or to show cause for nonappearance may be fined $1000.00
and/or imprisoned for not more
than three days and/or be required to
perform community service.
The Fair and Impartial Jury Carousel
 Think about a jury. What would make a jury “fair” in
your eyes?
 You will be looking at six cases throughout history that
address juries.
 Read the facts of the case and analyze the significance
and impact of those cases on the American jury
system.
 Create an illustration for each case, showing how the
case has influenced juries.
Why should juries look like?
Buschell’s Case
Sheppard v. Maxwell
Witherspoon v. Illinois
Independent juries free
to come to their own
verdict.
Verdict to be based on
evidence presented in
court, not from outside
sources.
Juries must be willing to
consider the death
penalty in a particular
case.
Taylor v. Louisiana
Jurors cannot be
excluded on the basis
of gender; juries should
represent a cross section
of the community.
Batson v. Kentucky
Jurors cannot be
excluded on the basis
of race; juries should
represent a cross section
of the community.
Williams v. Florida
Permitted the use of a 6person jury as opposed
to the historically
implemented 12-person
jury.
Two Court Systems
The judicial branch is
divided into two parallel
court systems: federal
courts and state courts.
Federal courts get their powers
and jurisdiction from the U.S.
Constitution and federal laws.
State courts get their powers and
jurisdiction from the Florida
Constitution and state statutes.
US Constitution
Amendment VI
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the
State…
Amendment VII
In Suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall
be preserved, and no fact tried by a jury, shall be otherwise
re-examined in any Court of the United States, than
according to the rules of the common law.
How are jurors summoned in
federal courts?
 Potential jurors are chosen from a jury pool generated
by random selection of citizens' names from lists of
registered voters in the judicial district.
 The potential jurors complete questionnaires to help
determine whether they are qualified to serve on a
jury.
 After reviewing the questionnaires, the court randomly
selects individuals to be summoned to appear for jury
duty.
Juries in the Federal Courts
Criminal Trials
 Criminal juries consist
of 12 jurors.
 A unanimous
decision must be
reached before a
defendant is found
"guilty."
Civil Trials
 Civil juries must consist
of at least six jurors.
 At any time before verdict, the
parties, with the approval of
the court, may stipulate that
the jury shall consist of fewer
jurors than required for a full
jury, but in no case fewer than
six jurors
 The verdict must be
unanimous unless the
parties stipulate
otherwise.
Amendment V
 No person shall be held to answer for a
capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand
Jury…
 What is a grand jury?
Grand Juries in Federal Courts
 The grand jury consists of 16-23 citizens.
 Applies to criminal cases.
 Grand jurors analyze the evidence presented by a
government attorney and then decide, based on this
evidence, whether to indict (charge) an individual
with a crime.
 Twelve or more grand jurors must vote in favor of the
indictment before it may be returned.
FL Constitution
 Article I – Declaration of Rights
 SECTION 22.
Trial by jury.—The right of trial by
jury shall be secure to all and remain inviolate. The
qualifications and the number of jurors, not fewer
than six, shall be fixed by law.
 The requirements for the numbers of jurors are found
in the Florida statutes (Title V – Judicial Branch,
Section 40 - Juries)
How are jurors summoned in
Florida?
 The pool of prospective jurors is drawn at random
from a list provided by the Department of Highway
Safety and Motor Vehicles.
 This process began in 1998, which allows for the
summonsing of all citizens in Florida with a valid
Driver's License or Florida identification card.
Sample driver license and identification card from the FLHSMV website.
Juries in the Florida Courts
Criminal Court
Civil Court
 Twelve persons shall
 In all civil actions when a jury
constitute a jury to try all
capital cases
 A unanimous decision must
be found in the guilt phase
 However, in the penalty
phase, a majority (7-5) is
required to recommend the
death penalty or life
imprisonment
 Six persons shall constitute a
jury to try all other criminal
cases and must reach a
unanimous decision to
convict
is impaneled, a jury of six
qualified jurors is sufficient
and the verdict must be
unanimous.
 In cases of eminent domain,
a jury of twelve qualified
jurors is required by law and
the verdict must be
unanimous.
 What is eminent domain?
Eminent Domain
 Amendment V of the U.S. Constitution:
 …nor shall private property be taken for public use,
without just compensation.
 Eminent domain is when the government takes private
property for public use
 The government must offer a fair price, or, just
compensation
 Examples: taking your private property to put sidewalks
in a neighborhood, taking private property to build a
football stadium
Grand Juries in the Florida Courts
 The grand jury in Florida consists of no fewer than 15,
but no more than 21 persons.
 In Florida, a grand jury
indictment is required to
try a person for a capital
offense; i.e., one where the
death penalty may be
given.
 In addition to capital cases,
grand juries often are
utilized for controversial
cases such as those involving
alleged wrongdoing by
public officials.
State
Courts
Federal
Courts
The judicial branch is divided
into two parallel court
systems.
Grand Jury
16-23 members
Trial Jury
Grand Jury
15-21 members
Trial Jury
Civil Cases
• At least 6 jurors
• unanimous verdict
Criminal Cases
Civil Cases
including capital
• At least 6 jurors
cases
• unanimous verdict
• 12 jurors
• unanimous verdict
Non-capital cases
• At least 6 jurors
• unanimous verdict
Criminal Cases
Capital cases
• 12 jurors*
Hung Jury
 A hung jury, or a deadlocked jury, is when the jury cannot
agree on a verdict in a case where a unanimous verdict is
required.
 What happens next?
 The case is not decided, and it may be tried again at a later date
before a new jury.
 The plaintiff or government may decide not to pursue the case
further and there will be no subsequent trial.
 Why do you think there is a requirement for a unanimous
jury?
 Do you think this is fair? Why or why not?
Juveniles and Juries
 In Florida, juveniles do not have their cases heard by a jury.
 A judge reviews evidence and arguments from both sides and
comes to a decision on the case.
 In a hearing alleging that a child has committed a delinquent act or
violation of law, the evidence must establish the findings beyond a
reasonable doubt.
 The child is entitled to the opportunity to introduce evidence and
otherwise be heard in the child’s own behalf and to cross-examine
witnesses.
 A child charged with a delinquent act or violation of law must be
afforded all rights against self-incrimination. Evidence illegally
seized or obtained may not be received to establish the allegations
against the child.
What are the qualifications of a
juror in Florida? • Taken from male and
Florida Statute 40.01 identifies
the qualifications of jurors as:
•
•
Jurors shall be taken from the male
and female persons at least 18
•
years of age who are citizens of the
United States and legal residents of
this state and their respective
•
counties and who possess a driver
license or identification card
issued by the Department of
Highway Safety and Motor
Vehicles
female persons
At least 18 years of age
Citizens of the United
States
Legal residents of this
state and their respective
counties
Possess a driver license
or identification card
issued by the
Department of Highway
Safety and Motor
Vehicles
You Decide
What do you think?
 Do you think there should be more or different
requirements for people to serve as jurors?
 Brainstorm a list of 5-10 requirements you would want
for potential jurors to have to abide by.
 Why are these requirements important to you?
 In a small group, share your requirements. Create a list
of all of the requirements your group created.
Coming to a Decision
“Justice will be done if jurors base their verdicts solely
upon the evidence and upon the judge’s
instructions as to the law, rather than upon their own
notions of what the law is or ought to be.”
(FL Bar Handbook)
KWL
K
(Know)
Brainstorm what
you know about
juries.
W
L
(Want to
(Learned)
Know)
Write down 2-3
Write down
things you
would like to what you have
learn about
learned about
juries.
juries.