something about the jury system in USA
I'm reading John Grisham's "The Runaway Jury", I have a few questions regarding the jury system in USA,(in China, jury system is not adopted, the judge reaches the verdict)
1. Usually the number of a jury is 12, and how many yes votes of the 12 are necessary to reach a verdict to convict sb ? by a simple majority of the votes cast, or else? Or different states different laws, if so, what if 6 to 6 ?
2. The novel I'm reading, the jury was sequestered for 4-6 weeks in a motel, but most of the jurors have jobs, run groceries, or care kids at home or whatever. So who is paying them for the span during which they serve as jurors, and what if a jury’s kid is a baby? A babysitter hired by court? And what if they are laid off by their employers after the service? and who pays the motel, food and everything the jurors consume, the loser of the lawsuit, or the court? which means the local government and which means the taxpayers.
3. In the novel, the jurors were quite demanding and wayward, kept making requests for better food, alcoholic drinks, conjugal meetings, use of telephone, use of TV, a motel with gym, going to church, etc, and even went on strike unless their requests are satisfied. And it seems that the judge was a bit afraid of the jurors. Most of the requirements were negotiated and satisfied. The judge kept making concessions. My question is, is it only a fictional description of a novel, or is it true in reality?
4. In reality, do most people in US wish to be selected as a juror, or they do not? If one is chosen, is it a liability that you have to commit, or it's up to your choice to say yes or no?
thank you for your help and your time
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Answers · 3
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(3) In a very high stakes case, the judge and court would probably want to keep the jury happy, because if someone on the jury just refused to keep serving, or if the jury started breaking the rules about reading news coverage or talking to reporters, the entire trial would have to start over again with a new jury. However, in most real trials, the case is very short (maybe a few days, or even a few hours). So they are not such a big deal. But I think it is fictional the degree that the jury in that book was making demands.
(4) Some people are glad to serve on a jury because it is part of their duty as a citizen. But many people want to avoid it, because it is a lot of trouble and can also mean a loss of wages. There is a legal requirement to serve if selected. However, at the same time, no judge or lawyer really wants to have people on the jury who strongly do not want to participate. So, if someone really does not want to serve, and they start acting strange, or they say that they have strong biases about the case, then it is likely that one of the lawyers would ask for that person to be excused, or the judge would decide to excuse them.
Many people in the US have never served on a jury, because the number of jurors needed is smaller than the number of citizens. It's a pretty complicated system, and many people in the US do not entirely understand how it all works either.
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(2) When putting together a jury, the judge will usually excuse people if serving would be a big problem. For example, a mother of a young child or a person who would probably be fired might be excused. Or, even a person who has already bought plane tickets for a vacation, or something like that. There are rules about what kinds of excuses are allowed at different kinds of courts. The person on the jury would be responsible for hiring their own babysitter, and if their employer did not pay them while they were gone, they would just lose their wages. The court would pay for the motel and food. People can also be excused from serving if they would be unable to fairly evaluate the case. So, someone who hates dogs and all dog owners, for example, could be excused from a case where someone dog injured another person. Although the court system does pay jurors a small amount, it is usually less than they would make at their job.
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(1) This is actually really complicated, because there are many different kinds of courts in the US, and the rules are different. There are Federal courts, State courts, and many different levels. Some do not use juries. Others use juries of 12 people, but some will have different numbers. It depends on the type of case. I think there are also some situations when it is a simple majority vote, and other cases when there must be complete agreement. It is definitely possible for a jury to end up making no decision (for example, if it is a 6 to 6 vote, or if 1 person does not agree).
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