Why So Many Juries?
Judge Greg Galler
September 6, 2013
A reader has again asked a great question: Why are there so many different types of juries? Juries vary
by their size, purpose, and the types of cases that they hear.
The most misunderstood jury is the Grand Jury. Its name refers only to the number of people serving as
jurors. A grand jury is made up of 16-23 citizens convened by the county attorney to determine whether
or not probable cause exists to charge someone with a crime. Typically grand juries are only called to
consider charges of 1st Degree Murder or Misconduct of a Public Officer.
If the grand jury finds probable cause it issues a document known as an Indictment. The Indictment
outlines the charges and starts a criminal case against a defendant.
All other juries - which are the ones we usually think of - are known as Petit juries (pronounced "petty").
The word “Petit” is from the French word meaning small. It refers to the smaller number of jurors
serving; not to the importance of what they do. Petit juries in criminal cases are organized and work
differently than juries in civil cases.
Criminal case jurors must be unanimously convinced of a defendant's guilt beyond a reasonable doubt
before convicting. The words "convinced" and "convicted" derive from the same Latin word meaning
"to overcome decisively." Even one juror who is not convinced will prevent a conviction. In felony and
gross misdemeanor criminal cases juries have 12 people. Misdemeanor juries have six people.
In addition to the regular jurors, alternate jurors are selected to be available in case a juror can’t
complete the trial. If that happens then the alternate becomes a regular juror. Only the parties and the
court know which jurors are the alternates until the end of the trial. In criminal cases alternates are not
allowed to deliberate. Before deliberations begin the alternates are excused. I never like having to
excuse the alternates because I know that they have worked just as hard as every other juror.
Civil juries have 6 people. However, as there are lesser due process concerns, alternates typically stay
and deliberate until a verdict is reached. Additionally, if a civil jury deliberates for more than six hours,
then 5 of the 6 jurors may agree on a verdict - it need not be unanimous.
The most important thing about juries is this: Our Founding Fathers entrusted juries with such
important and wide-ranging roles because of the fundamental trust they had in everyday citizens to do
the right thing. This also demonstrates the lesser trust they placed in government – a distrust borne of
experience at the hands of an overly powerful and unresponsive Crown.
While juries hold incredible power they only do so for a very short period of time. Accordingly, they
are far less likely to abuse that power trying to advance political agendas or punishing their political
rivals.
Our jury system remains to protect everyone's life, liberty, and property against an over-zealous, illmotivated, or over-reaching government.
Judge Galler is chambered in Washington County. If you have a general question about the law or courts for
Judge Galler, send your question to the editor of this newspaper. Learn more about Judge Galler, or listen to a
podcast of his columns at www.judgegreggaller.com.