October 2006
The League of Women Voters of the Fairfax Area Education Fund
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Reaching a Verdict: Serving on a Jury in Virginia
Committee Members: Rona Ackennan, Pat Brady, Judy Leader, TheieseMartin,
Lois Page, Arthur Rosen,and Inta Sraders
Introduction
One of the most valuable servicesthat a citizen can
performis to be ajuror. Becausethe U.S. Constitution
guaranteesthe right to a jury trial in criminal and civil
cases,cittzenparticipationin juries is a critical part of
our justice system. The discussionsat the LWVFA
JuneUnit Meetingsraisedmany questionsabouthow
jury systemsin Virginia actuallywork. Therefore,this
follow-up program focuseson the operation of the
Virginiajury system,particularlyin the Fairfax County and Prince William County Circuit Courtsoand in
the FederalDistrict Court for the EasternDistrict of
Virginia.
The Court Systemin Brief
There are two judicial systemsin the United States.
One is the federal systemcreatedby Congressunder
the authorityof the U.S. Constitution. The other, for
the District of Columbia and the 50 states,is establishedunderthe authorityof the variousstategovernments.The authority of the federalcourts is enumerated in the Constitution(Article III, $ 2). lt includes
all casesarising under the Constitution and federal
laws, suchas casesin which the U.S. Governmentor
one of its officers is being suedor is suing someone;
controversiesbetweenstatesand betweencitizensof
different states; and cases involving treaties and
foreign governments. The state courts handle most
criminalmattersandthebulkof legalbusiness,including commercial contracts, probate of estates,and
marital matters.
In the federal court system,the SupremeCourt is the
top level. On the next level arethe 12 (Circuit) Courts
of Appeals and the U.S. Court for Military Appeals;
Virginia is coveredby the 4ft Circuit Court. On the
next level are the 94 FederalDishict Courts that are
the trial courts of the federal court system.Fairfax and
Prince William Counties are served by the Federal
Court for the EasternDistrict of Virginia, locatedin
the city of Alexandria. There are four other court
locationsin the EasternDistrict of Virginia Norfolk,
Fredericksburg,Newport News, and Richmond.
The structureof the Virginia court systemis reflected
in the following diagram. Jury trials areheardonly in
the circuit courts.
The Virginia Court System
Cout of Appeals
(l I Jrdge$
General Dirkict Couts
(Lnrrited Jwisdictiongourts'i
3l Dismca
Fairfax County and Fairfax City comprise the 19ft
circuit; Prince William County and the cities of
Manassas
andManassas
Parkcomprisethe31" circuit.
Although the circuit courtjudgesareVirginia employees,the circuit court staff are county employees,and
their salariesand otheradministrativecostsofrunning
the court and itsjury managementsystemareincluded
in the countybudgets.For example,the Fairfax County AdvertisedBudget for 2007 gavethe averagecost
perjuror as slightly lessthan $50 in 2005.
Types of Cases
Criminal cases are those in which individuals or
organizations are charged by the state or federal
government with breaking criminal laws. Typical
criminal chargesin a federalcourt arethoseinvolving
the violation of the federal income tax and narcotics
laws, mail theft, and counterfeiting. In the state
courts, typical charges are shoplifting and drunk
driving, which are misdemeanors;
and murders,rapes
and robberies,which are felonies. Convictionsresult
in jail time, fines, and/orrestitution.
Criminal casesfiled in 2005*:
Fairfax (19tr Circuit)
Prince William (31*tCircuit)
www.lwv-fairfax.org
4,751
3,451
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The League of Women Voters of the Fairfax Area Education Fund
October 2006
Civil casesare suitsbetweenpersonsover their rights
and duties; 9.g., a dispute over a broken contract.
Typical remediesinclude:enforcingcontracts,issuing
injunctions, and/or ordering monetary judgments.
Federal courtshave exclusivejurisdiction in specialized areassuch as bankruptcy and maritime cases,
among others; state courts handle divorce, disputes
aboutwills, and controversiesabout property,among
others.
appearfortrial, he/sheshallbe deemedto havewaived
trial by jury and the casewill be heardin his absence
as if he/shehad pled not guilty.
Civil Casesfiled in 2005*:
Fairfax (19tr Circuit)
PrinceWilliam(31't Circuit)
The Jury Pool
Jury Pool Source Lists: The Jury Selection and
ServiceAct (Jury Act), 28 U.S.C. Sec.1861et seq.,
provides the judicial structure for the selection of
federal juries and establishestwo important general
principles: randomselectionof potentialjurors from
a fair crosssectionofthe community;andopportunity
for all qualified citizens to be consideredfor jury
service. The list of prospectivejurors summonedfor
a particularterm of a court is calledthe venire. In the
Federal District Court for the Eastern District of
Virginia, the venire is chosenfrom a jury pool generated by a random selectionof citizen's namesfrom
lists of registeredvoters, or combinedlists of voters
and peoplewith driver's licenses.
13$2S
3,859
Types of Juries
There are two types of juries: grandjuries and petit
juries. A grandjury decidesifthere is probablecause
to indict (accuse) individuals or corporations on
criminal chargesfor felonies (discussedlater in this
study). The focusofthis programis petit (trial) juries,
which participatein criminal andcivil trials andrender
verdictsof guilty or not guilty.
The Right to a Jury Trial
AmendmentVI to the U.S. Constitutionguarantees
all
defendantsin all criminal prosecutionsthe right to a
jury trial in the stateand district wherethe crime was
committed. AmendmentVII preservesthe right of
trial by jury for defendantsin a civil trial. There is a
presumptionagainstwaiving the fundamentalright to
a jury trial, which can only be doneif the party knowingly, intentionallyandvoluntarily waivesthe right to
a jury trial. Waiver may be requestedeither orally at
arraignment (when a criminal defendant must plea
eitherguilty or not guilty) or in writing.
In Virginia, Article I, g 8 ofthe Virginia Constitution
guaranteesthe right to a jury trial in criminal cases.
Article I, $ I I ofthe VirginiaConstitutionstatesthattrial
by jury is preferablein civil casesandtheright shouldbe
held sacred.UnderVirginia law (g 8.01-336),the case
may be heard and the judgment given by the court
(judge)ifboth partiesandthe court agree.
Obviously, if a criminal defendantpleads guilty or
agreesto a plea bargainagreement,or if a civil defendant agreesto a civil settlement,therewill be no jury
trial. Also, if a personchargedwith a crime fails to
In 2005, 104 criminal caseswent to jury trial in
Fairfax Circuit Court, while 70 went to jury trial in
PrinceWilliam Circuit Court. In that sameyear, 143
civil caseswent to jury trial in Fairfax, while only 26
went to jury trial in PrinceWilliam.
In Virginia courts, the venire is randomly selected
usinglistsdesignatedby the courts. FairfaxandPrince
William currently use only voter registration lists,
which are updatedannually. Fairfax previouslytried
to uselists from the Departmentof Motor Vehiclesas
well but foundthat the numberof inaccurateaddresses
was an impediment.
JuryPool Creation:Beforepotentialfederaljurors are
summonedfor service,they receivequestionnaires
to
completeand return to the clerk's ofhce, which then
screensthem to determineeligibility for jury service.
The Clerk's Office usesa statisticalprocessto establish certainpercentagesofeach county or city representedin the jury pool to try to ensurethat the jury
pool is representative.
In Virginia, also, questionnairesare sentto prospective jurors. In 2005, Fairfax sent 44,408 and Prince
William sent 11,000 questionnairesto prospective
jurors. In Fairfax,they canbe completedon-line. The
connpletedquestionnairesare reviewedby jury commissionersto determinewhich citizenswill serveas
jurors during the comingyear.
www.lwv-fairfax.org
October 2006
The League of Women Voters of the Fairfax Area Education Fund
RoIe of the Jury Commission in Virginia
Under the Virginia Code (g 8.01-343),the judge o
each circuit court appoints, by July I ofeach year,
between two and fifteen persons to serve as jury
commissioners for the following year. Those appointed must be competent to serve as jurors and
"shall be citizens
of intelligence, morality, and
integrity." No practicing attomey-at-law can serve
as a jury commissioner,
andno jury commissi
can be reappointed for at least three years after the
expiration of the year for which he was appointed.
Using random selection techniques----eithermanual,
mechanical or electronic-the jury commissioners
select the persons whose names will be placed on
the master jury list. Then, the list is reviewed and
the namesofthose who, accordingto stafute,cannot
servea.reremoved.
Jury Commissionsare not usedin federalcourt.
Elieibiliw for Jury Service:
To be legally qualified for federal jury service, an
individual must:
. be a United Statescittzen;
. be at least18 yearsofage;
. resideprimarily in thejudicial district for oneyear;
. be able to read, write and speakthe English languagewith sufficient mastery;
. be physicallyand mentallycapableof service;
. notbe currently subjectto felony charges;
. and never have beenconvictedofa felonv unless
civil rights havebeenlegally restored.
The following three groups are exempt from federal
jury service: (1) membersof the armed forces on
active duty; (2) members of professional fire and
police departrnents;and (3) "public officers" of federal, state or local govemments, who are actively
engagedfull-time in the performanceofpublic duties.
Personsbelonging to thesegroups may not serveon
federal juries, even if they so desire. Also, under
federal law, a personcannotbe requiredto serveon
jury duty more often than onceeverytwo years.
In Virginia, a juror must meet the federal qualifications and be a residentof Virginia and the locality for
at least6 months,and not be incompetentor incapacitated. The Virginia Codeexemptsthe following from
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jury service: the Presidentand Vice Presidentof the
United States;the Governor,LieutenantGovernorand
Attorney GeneralofVirginia; membersofboth houses
of Congress;membersof the GeneralAssemblywhile
in sessionor entitled to a legislative continuance;
licensedpracticingattorneys;judgesand membersof
severalstatecommissions; magistrates
; sheriffs,police
and other law enforcementofficers; penitentiaryand
jail officers. Personswho have been called and
reported to any state court for jury duty during the
previousthreeyearsare also exempt.
Excusesand Deferrals: In addition to exemptions,
both federal and Virginia courtsallow excusesfrom
service,upon individual request,to designatedgroups
of persons or occupational classes. Such groups
include: persons over age 70; persons who have,
within the past two years, served on a federal jury;
and personswho serve as volunteer fire fighters or
members of a rescue squad or ambulance crew.
Individuals may also be excusedif they are blind or
have a medical condition that would impede jury
service.
The Jury Act allows federal courts to permanently
excuseor temporarilydefer ajuror from serviceat the
time he or sheis summonedon the groundsof "undue
hardship or extreme inconvenience,"among other
reasons.Temporarydeferralsfor jurors are grantedat
the discretionof the court and cannotbe reviewedor
appealedto Congressor any other entity.
In Virginia, the list of personswho may be excused
from jury serviceuponrequestis lengthyand includes
thosewhoseservicesare so essentialto the operations
of an enterprisethat it must closeor ceaseto function
if the person is required to perform jury duty. The
courts may defer any person from jury service for a
particularterm of a court,or limit that person'sservice
to particular datesof that term, if serving on a jury
would cause such person a particular occupational
inconvenience. However, once the "occupational
inconvenience"hasended,the defenal will end.
Failure to Appear: ln Virginia, any juror w'ho has
beengiven duenoticeto appearin court and fails to do
sowithout sufficientexcusewill be fined between$50
and $200. In federal cases,apersoncould be escorted
to the courthouseby a deputyU.S. marshalto explain
to a judge why helshedid not report and could alsobe
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The League of Women Voters of the Fairfax Area Education Fund
fined up to $100 or imprisonedfor up to threedaysor
both.
Length of Jury Service
Jurors in federal court are "on call" for two weeks,
duringwhich they call therecordedtelephonemessage
each day to learn whether they need to report to the
courthousethe following day. They rarely need to
report to the courthouseevery day of their two-week
term of service.Once selectedfor a jury ajuror must
serveuntil the conclusionof the trial, even if it lasts
longer than two weeks. If the trial ends before the
conclusionof the two-week term ofjury service,the
juror is excusedfrom further service.The averagetrial
lastsone to threedays.
ln Virginia, the numberofjury duty noticesmailedto
make up the jury pool for each term of the court
dependson the anticipatedneed for jurors for that
term. Eachterm in Fairfax normally laststwo weeks.
Jurorsareassignedto a particularday of the week and
are askedto call a recordedmessage(or check the
courtwebsite)on theeveningbeforetheir assignedday
to determinewhetherthey are needed. A formula is
usedto ensurethat a sufficient number of jurors are
availablefor eachcase. The averagenumberofjurors
calledeachday for jury selectionwas 67.2 in 2005.
Until 1992,jurors in Fairfax were on call one day a
week for 8 weeks. This had a negative impact on
jurors' employment and personal lives and was
changed to the current two-week term. Normally,
jurors are requiredto appearone time or for one trial
during their term of service. The term andjury managementprocessprovide,in effect,a one daylonetrial
system.
In Prince William, a term of the court is a two-month
period,beginningthe first Mondayof Febfr&t1,April,
June,August, October,and December.Prior to each
term of the court, 900 jurors are summonedto serve
for a portion of the two-monthterm--for example,all
Mondaysof February. A juror is only askedto serve
on a specificday ofthe week for one month. As in the
othercourts,jurors call thejury recordingthe evening
before their assignedday to determine if they are
neededthe next day. On average,jurors will be required to come in for jury duty only two daysout of
the time period assigned.
Environment
At the presenttime in Fairfax, thejurors' assembly
October 2006
room is next to the cafeteria in the Jennings Courthouse. In recentyears,amenitiessuch as a fax machine, free local telephone lines, wireless Internet
access,a microwave and a refrigerator have been
addedto the existing tablesand chairs. The Prince
William jury assemblyroorn has a fax machine,a
television,arefrigerator,coffee,and amicrowave,and
will soonbe addingtablesto the existingroom. After
thejury is selected,a smallroom off the courtroomis
madeavailableto jurors to use for their deliberations
and iflwhen sent from the court during special legal
queries.
Both federal and statecourt facilitiesareaccessible
to
thosewho arephysicallyhandicapped.In Fairfax, all
courtroomswill be ADA accessibleonce the current
renovationis complete;currently, if a juror requires
special seating,the case is assignedto a compliant
courtroom.
In federal court, no type of cameraor cell phone is
permitted in the courtroom. In Fairfax and Prince
William, the public is not allowedto carrycell phones
with camerasinto the courthouse.Other cell phones
must be turnedott
Juror Pay and Time OffFrom Work
In federal court,jurors are paid a taxableattendance
fee of$40 for eachday they report to the courthouse.
Employeesof the federal goverrrmentarenot entitled
to be paid for attendancein federal court unlessthey
are in a non-pay status.All jurors are reimbursedfor
travel expenses. Jurors in Virginia are reimbursed
$30 for eachday they report to the courthouse. The
amount is set by the legislature and is considered
reimbursementfor travel and other expenses.
Federal and Virginia law protect all permanent
employeeswho serve on juries from discharge or
adverseaction, as long as they have given reasonable
notice of their court appearanceor summonsto their
employer. They cannotbe requiredto take sick leave
or vacationtime. Employerswho fire, threatento fire,
intimidateor coercean employeewho wishesto serve
his/trerjurydufy, may be prosecuted.In Virginia, any
employer convicted of violating these provisions is
guilty of a class 3 misdemeanor. While the private
employerdoesnot haveto pay the employeewhile he
serves,most do, either in full, or with the amountof
juror pay deductedfrom thejuror's regularwages.
www.lwv-feirfax,org
Fairfax Area Education Fund
Oricnla{ion
In federal court, the jury clerk provides prospective
jurors with a jury handbookthat describeshow the
jury systemoperates,how trials areconducted,therole
ofjurors andothermattersrelatedto juror service.The
clerk givesjurors a brief orientationon topics suchas:
paymentprocess,certificatesof attendance,parking
and Metro reimbursement,etc. Information is also
providedon the court website.
In Fairfax, prospectivejurors may watch a televised
orientationprogram featuringjudges on Channel 16
prior to their serviceand in thejury assemblyroom. In
both Virginia courts, prospective jurors are also
instructedabout their role as jurors and what they
shouldand shouldnot do while in the courthouseand
while serving on a jury. The state and local court
websitesprovide informationaboutjury selectionand
serviceaswell.
Juries impaneledin 2005*:
Fairfax (19tr Circuit)
Prince William (31'tCircuit)
259
66
Impaneling the Jury
The processfor impanelinga jury is much the samein
bothfederalandVirginia courts.Whenpotentialjurors
arriveat thecourthouse,
their identitynumberis scanned
into the jury managementsystem,which is used to
randomlycreatethejury panelsto be sentto the courtrooms. In Prince William, the assignments
aremade
thenight beforeandprocessed
the day ofthe trial.
jurors is first led lo a recepThe panelof prospective
tion areaoutsidethe courtroomand is thencalledinto
the courhoom(20 tbr criminalcasesand either11 or
13 in civil cases). In criminaltrials. alternatejurors
may be chosento takethe placeofjurors who become
ill during the trial. The alternatessit rvith the -iurors
througilroutthe hial and will not be excuseduntil the
.iury retiresto decidethe case.The panelmembersare
swornto answerquestionsabouttheir qualificationsto
sit as jurors in the case. In criminal cases,twelve
jurors are selected in felony cases and seven are
selectedin misdemeanorcases. In civil cases,five
jurors areselectedwhenthe amountinvolved doesnot
exceed$l 5,000;sevenareselectedin othercivil cases.
The numbers are prescribed in the Federal Rules
relating to criminal and civil procedureand the VirginiaCode.
At the outset of the impaneling,the judge delivers
preliminary instructionsthat: (1) explain the purpose
of voir dire; (2) explain the difference betweenperemptory challenges and removals for cause; (3)
summarizethe nature of the case; (4) estimatehow
long the trial may last; and (5) indicatewhether it is
anticipatedthat thejury will be sequestered.
Voir Dire
Thejudge will then conductthe "yoir dire" ("to seeto
speaK'),which is the processof interviewingpotential
jurors to assesstheir ability to decidea casefairly and
impartially.During voir dire, thejudge will affemptto
weed out thosewhom he/shedeemsunsuitable. The
judge will explain the nature of the case; give the
names of the parties and their afforneys; and ask
prospectivejurors if they are relatedto anyonein the
case;have any financial or other interestin the outcome of the case;or have formed an opinion or have
any personalbias or prejudice that will affect their
decisionin the case.The attorneysfor eachside may
alsoask questions.Any potentialjuror havingknowledgeof the caseshouldexplainthis to the judge, in
front of the group or privately.
Partieson either sidein a casemay ask that a member
of the panelbe exemptedfrom serviceon a particular
jury. Theserequestsarecalledchallenges.Any person
may be challengedfor causeif the examinationshows
he or she might be prejudiced.The judge will determine if the causeraisedin the challengeis sufficient.
After thejudge hascompletedhis determinations,the
clerk compilesa list and givesit to the attome,vs.In
a criminal case.eachside removesthree namesfrom
the list without a needtbr a reason. Theseare called
"percmptorychallengcs,"a legal right giving tr<-rth
sidessomechoice in the make-upol a jury. In Virginia courts, each side alternativeiyremoves c)ne
persontiom the paneluntil the numberrequiredtbr a
jury is reaohed.
ln federal court,ajuror biographicalreportis prepared
consistingof the following information: name, city
andzip,dateof birth, genderand race,occupationand
employer, education, marital status and spouse's
occupation,
numberofchildren.This is providedto the
afforneys. However, anonymousjuries are used in
casesinvolving notoriouscriminal defendantswith a
historyofviolence or intimidationagainstwitnessesor
jurors. In Virginia, attorneysare provided with a list
www.lwv-fairfax.org
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The League of Women Voters gf the Fairfax Area Education Fund
which includesnames.addresses.
of potential.iurors,
and occupations.After a jury is selected,
the court in
Fairfbx doesnot retain a papercopy of this intbrmation but only the list of.iurors'namestbr the trial.
Changeof Venueand Venire
In federal and Virginia courts, if the trial judge
believesthat an impartial jury panel cannot be obtained locally, e.g., becauseof extraordinarypretrial
publicity in a high profile case,he/shemay order a
changeof venueto anotherjudicial districtor circuit,
upon therequestofthe defendant.A changein venire
occurs when the jury list is obtained from another
district or circuit and thesenon-residentprospective
jurors aretransportedfrom their own communityinto
the originalcourtfor juror selection.
Instructions to the Jury
After voir dire and prior to impanelingthe jury, the
court givesjurors preliminaryinstructionsas to how
the trial will proceedfor the rest of the day. The
instructionsgo into detail regardinghow eachstepin
thetrial processwill work. Thesepreliminaryinstructions andthewritten instructions(see"Chargeto Jury"
below) coverthe jury's role, trial procedures,
nature
and evaluation of evidence, and legal terms and
principles.
In Virginia, the jury may take notes and are given
legal padsand pencils,which are returnedto the court
at the endof thetrial. In federal court,jurors may be
providedwith hial notebooks,
dependingonthejudge,
and the lengthand complicatednatureof the trial.
During the Jury Trial
The juror takesan oath to decidethe case"upon the
law and the evidence." The judge makes the legal
determinations.
Thejury decidesthe questionsof fact,
i.e. what really happenedin the case,basedupon the
evidence.The evidenceincludesthe testimonyof
witnessesandthe exhibitsadmittedin evidence.What
evidenceis proper for the jury to consideris based
uponthe law of evidence.
Juror Conduct
Jurorsare askednot to discussthe trial with anyonenot eventheir fellow jurors - until thejury beginsits
deliberations.They are also askednot to loiter in the
corridorsor elsewherein the courthouseto prevent
contactswith personsinterestedin the case.lf any
outsiderattemptsto talk with a juror abouta casein
which he or she is sitting, the iuror should refuseto
October 2006
listen and report the incident to the judge or bailitl-.
Jurors have the duty to report to the -iudgeany improper behaviorby any-iuror.They alsohavethe duW
to intbrm the.iudgeof an-voutsidecornmunication
or
rmproperconductdirectedat the.iur-r,b),'an),person,
In federal court, juries may be sequesteredduring
juries
meals. Except in extraordinarycircumstances,
go
are allowed to
home at night. In Virginia, juries
arerarely sequestered
overnightduring eitherthe trial
or thejury deliberations.Instead,thejury is told not
to discussthecasewith anyoneor watch,reador listen
to newsreportsaboutthe case.Reasonsfor sequestering ajury include:securityconcernsor mediaissuesin
a high profilecase.
If there are allegationsof juror misconduct,they are
handledby thejudge in opencourt and could result in
a mistrial. However,jurors canalsobe struckfrom the
jury for causeandhardship.Dismissalfor misconduct
is rarein Fairfax.
Jury Deliberations
The Charge to the Jury: lmmediately before the
closingargumentsin the case,thejudge givesthejury
its instructions. In Virginia felony cases,theseare
both oral and written. Jury instructionstell the jury
what the laws arethat governthe case.Sometimesthe
judge may point out or explainwhat basicfactsare in
dispute,and what facts do not actually matter in the
case. The judge may impartially summarizethe
evidencebearingon the questionsof fact. In lesser
offenses,the instructionsalsocoverthe punishmentto
be determinedby thejury.
In the Jury Room:In all juries, a forepersonis selected
to presideover its deliberations,andto makesurethat
everyonehasan opportunityto participateandthat the
discussionremains orderly. The judge will advise
jurors how to selecta foreman.
During its detiberations,thejury decidesthe factsand
appliesthe factsto the law as instructedby thejudge.
It is the jury's duty to reach its own conclusionor
verdict basedupon all the evidence.The verdict is
reachedwithout regardto what may be the opinion of
the judge as to the facts, though as to the law, the
judge'schargecontrols.Jurorshavea dutyto givefull
to theopinionsoftheir fellowjurors and
consideration
have an obligationto reacha verdict wheneverpossible. However, no juror is required to give up any
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October 2006
The League of Women Voters of the Fairfax Area Education Fund
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opinion which he or she is convinced is correct. The
membersofthe jury areswornto passjudgmenton the
facts in a particular caseand violate this oath if they
render their decision on the basis of the effect their
verdict may have on other situations.
After the Verdict
After the jury reachesits verdict it writes it down on
the form providedand notifiesthe bailiff Onceback
in the courtroom, the clerk will ask for and read the
jury'S verdict out loud. 11t"ju1y may be polled.
In federal courts, the judge has discretion to make
excerptsfrom the court reporter's transcript available
to thejury during deliberationsif requested.Jurorsin
Virginia courtsmay requestadmittedexhibitsfor use
during its deliberationsbut are not always given an
exhibit list. If thejury hasquestions,they are submitted to the judge for consideration. Both the plaintifVCommonwealthandthe defendanthavethe opportunity to view the question and assistin giving the
responseto the jury. Generally, however,the court
will instruct the jury that they must rely on their
collective memory and the evidencethey have in the
jury room to assistthem in their deliberations.'If a
trial transcriptis necessaryin a criminal case,one can
be donein 24 hours. However,this is very expensive
andtranscriptsare generallynot providedto jurors.
In Virginia civil cases,the jury not only decideson a
verdict but also awardsdamages. That is, if the jury
decidesthat an award of money should be made, it
decidesthe amount, generallyat the sametime as it
issuesits verdict.
Reachinethe Verdict: In all courts,the burdenof proof
in a criminalcaseis 'obeyond
reasonable
doubt." This
is thehighestpossibleburdenof proof. In contrast.the
burdenof proof in a civil caseis usuallya "preponderanceof the evidence;"i.e., the plaintiff must merely
provethat it is more likely than not that the defendant
is liable. [n certaintypes of civil cases,e.g., fraud
cases,there is a higher burden of proof: "clear and
convincingevidence.o'Caselaw interpretswhat this
meansin particularcases.In a criminalcase,thejury's
decisionneedsto be unanimous.In a civil casein the
federal courts,the jury's decisionneedsto be unanimous, unless instructedotherwise by the court. In
Virginia, all jury verdictsmust be unanimous.
If there is an apparentimpassein jury deliberations,
the judge (in both federal and Virginia courts) will
sendthe jurors back to deliberatefurther and encouragethemto reacha verdict. The instructionsusedare
requiredby law and calledthe"Allen Charge"(named
for a court case). Ifthey still cannoi reacha verdict,
thejudge will declarea mistrial.
Occasionally,jurors strugglewith their responsibility
to the law and what they considerto be fairnessor
justice. Whenjuries do what they feel is just and
ignorethe law, it is calledjury nullification.
Jury Sentencing
As of 2004,Virginia was one of only six stateswhere
the jury determinessentencesin non-capitalcriminal
trials. The other states are Arkansas, Kentucky,
Missouri, Oklahoma and Texas. In lesser misdemeanorcases,thejury setsthe punishmentalongwith
the verdict. In non-capitalfelony and other misdemeanorcases,there is a separateproceedingto determine thepunishmentwhich is held as soonaspracticable beforethe samejury.
Thejudge providesthejury with sentencingrangesbut
may not make statesentencingguideline information
availableto them.Thejury alsohasthe opportunityto
review relevant background information about the
defendantbeforepronouncinga sentence.According
to the 2005 Annual Reportof the Virginia Criminal
SentencingCommission,"Virginia jurors typicatly
have handed down sentencesmore severethan the
recommendationsof the sentencing guidelines."
Althoughjudges are permittedby law to lower a jury
sentence,typically they do not do so.
Jury sentencingin jury trials canbe waivedonly when
the jury cannot agreeon the punishmentor when a
sentencehas been set aside due to an error in the
proceedings. In both instances,the defendant,Commonwealth'sattorney,and court must agreeto the
waiver.
After the Trial
After thejurors return their verdict and are dismissed
by the judge, they are free to go about their normal
affairs. They are under no obligation to speakto any
personaboutthe caseand may refirseall requestsfor
interviewsor comments.While they aregenerallyfree
to speakabout their views concerningthe case.the
court may enteran order in a specificcasethat during
www.lwv-fairfax.org
R-E
The Leagueof Women Voters of the Fairlax Area Education Fund
any suchinterview,jurors may not give any information with respectto the voteof any otherjuror.
Grand.Iuries
The Fifth Amendmentto the United StatesConstitution providesin partthat "(no) personshallbe heldto
ans\\'erfor a capital,or otherwiseinfamouscrime,
unlesson a ... indictment
of a GrandJury. . . ." This
clauseappliesto all felony prosecutionsin federal
courts.A grandjury hearsonly the government's
side
of the case.and decidesif thereis a probablecauseto
indict baseduponthe evidencepresented
andwhether
the defendantmust standtrial. Federallaw requires
that a grand.iurv be selectedat random from a fair
crosssectionof the communit"v.
The namesof prospectivegrand.iurors
aredralvntiorn listsof registered
votersor listsof actualvoters,or othersourceswhen
necessary.Personswho are not exemptor excused
liom serviceare summonedto appearfor duty. The
judge will then direct the selectionof 23 qualified
personsto becomethe membersof the grandjury.
Grandjurors in the FederalDistrict Court in Alexandria servefor 6 to 18 months. They generallymeet
only one to three consecutivedaysper month.
After the grandjurors havebeensworn in, the presidingjudge advisesthe grandjury of its obligationsand
how bestto performits duties,includingthe duty to
conducttheir inquiry without malice, fear, hatred,or
other emotion. The law imposesupon each grand
juror a strict obligationof secrecy;eventhe nameof
the targetof the grandjury cannotbe disclosed.This
protectsthe grandjurorsfrom pressureby persons(or
associates
of such persons)who may be subjectsor
targetsof the grandjury. As a result,it preventsthe
escapeof grandjury targetsandencourages
witnesses
beforethe grandjury to give full andtruthful information asto the commissionof a crime.
In Virginia, the circuit court also hasthe authorityto
impanelgrandjuries. A grandjury is composedof five
to sevencitizensof the city or countywherethe circuit
court is lucated. It is c.onvenedat each term of the
court tbr two purpoSes:( I ) to considerindictments
preparedby the Commonrvealth's
Attorney,and(2) to
invesiigate
andreportconcerninganyconditionwhich
involvesor tendsto promotecriminal activity.either
in the communify or by any governmentalauthority.
agency,or official.
October 2006
Membersof the grandjury must be citizensof Virginia, suitablein all respectsto serveas a grandjuror.
Between60 and 120 personsare selectedannuallyby
eachcircuit court to serveas grandjurors during the
yeai. The Clerk of the Circuit Court summonsfrom
the Grand Jury list betweerifive to nine personsto
serveas Grand Jurorsfor that term of the court.The
judgemaydismissseveraljurors to assureajury ofnot
morethan seven.In Fairfax, the grandjury meetson
thethird Mondayof odd numberedmonths:in Prince
William. it meetson the first Mondavof eachmonth
Sources
.Statisticsarethe FairfaxCountyCircuitCourtand
the "Stateof the
JudiciaryRepoit"foundon the Vrrginiacouhsweb page.
"2005AnnualReport
of the VirginiaCriminalSentencing
Commission:"www.vcsc.
state.va.
us/reports.
htm
FairfaxCounty, FY 2OO2and FY 2007AdvertisedBudgetPlans
Fairlax County Circuit Court web site:
www.fairfaxcounW.qov/courts
NationalCenterfor Statecourtsweb site: www.NCSConline.orq
PrinceWilliamCircuitCourtweb site: www.pwcqov-orq,
and the
Virginiacourtsweb site
"Resolving
Disputes...,'http://privateiudqe.com
"State
(TheJury),Bureauof JusticeStatistics:
CourtOrganization,"
www.oip.usdoi.qov/bis
SupremeCourt Rules (of Virginia)(can be accessedthrough
http://leq1
.state.va.us)
UnitedStatesConstihriion
UnitedStatesCourtsweb site: www.uscourts.qov
UnitedStatesFederalDistrictGourtweb site,includingthe Handbookfor Jurors:www.vaed.uscourts.qov
Virginia Constitution (can be
http://leg
1,state.va.
us)
accessed through
VirginiaCode (canbe accessedthroughhttp://legl.state.va.us)
VirginiaCourtsweb site: www.courts.state.va.us,
includingthe
Answer Book for Jury Service; also
www.courts.state.va.
us/ed/resources
http://www.law.
umkc.edu/facultv/proiects/trialslzenqer/nullificaatio
n.html
E-mailcorrespondence.
conversationsand interviewswith:
BonnieOlsen. FederalDistrictCourt for the EasternDistrictof
Virginia:Bonnie Olsen@vaed.uscourts.oov
BarbaraKenney.Chief Deoulv.Court& Records.FairfaxCounty
CircuitCourt:Barbara.
Kennev@fairfaxcou
ntv.qov
RobertMarsh,CourtAdministrator,
andMariaMcCaleb,JuryClerx,
PrinceWilliamCircuitCourt:mmccaleb@Dwcqov.orq
rvww.hnrv-fairfax. org