What Do Juries Do?

What is a jury?
A jury is a body of men and women randomly selected to determine facts and to provide a decision in a legal proceeding. Traditionally, a trial jury consists of 12 people, often with one or two alternates.

How are jurors selected?
Jurors must be U.S. citizens, local residents, of majority age, have integrity, and have reasonable intelligence. The group of jurors called is known as a "panel". Jurors are paid for the time they spend serving on jury duty. The juror, once selected, is questioned by the attorneys, the judge, or both as to background or possible bias. This is known as a voir dire examination. If an attorney believes there is a reason a juror should not sit on the jury, that juror can be challenged "for cause" and replaced by another juror. The attorneys have additional challenges, called "peremptory challenges," for which no reason need be given in order to dismiss a juror from a case.

What is the function of a jury?
After a satisfactory jury has been chosen, the jury is sworn, and the trial begins.

• First, with opening statements. Each attorney briefly states his or her claim to give the juror a general idea of what to expect. Opening statements are not evidence.
• Next, the prosecution and defense present their evidence. The plaintiff's (the party that initiated the suit) attorney presents first. This is called "direct examination". The defendant (the party against which an action is brought) can "cross-examine" that evidence and then the defendant's attorney can present evidence. The plaintiff can cross-examine the witnesses for the defendant. Then, the plaintiff can present rebuttal evidence which can be cross examined by the attorney for the defendant.
• After all the evidence has been presented, the two counsels, first for the defendant and then for the plaintiff or prosecution, "sum up," which means, each counsel (attorney) addresses the jury, reviewing the evidence in the case and commenting on it in a manner favorable to that counsel's side of the case. These closing statements are not considered evidence.
• The judge then makes a "charge" to the jury. The charge is a statement of the rules of law pertinent to the evidence in that particular case. The charge is given in order to help the jury in rendering a sound verdict.

The jury then leaves the courtroom to begin "deliberations". The jury's task is to decide the facts, to apply the law as stated in the instructions to the facts, and to reach a verdict. The jury always works in private and does not have to reveal its reasons for a decision. The deliberations continue until an agreement as to the verdict is reached, or until the presiding judge sees that the jury cannot reach an agreement. This is known as a "hung jury". If no agreement can be reached, a new trial may be called. In many states a jury must reach a unanimous verdict, although in some states this is not required. After the trial is completed, the judge will dismiss the jury.

Where can I find information specific to Nebraska jurors?
The Nebraska Judicial Branch website has placed information online,
"Serving on a Jury...A Handbook for Nebraska Jurors", for your convenience.
If you would like learn even more, visit the "Journal of a Juror" tour of District Court in Omaha, Nebraska.