Jonah Patel
A constitutional verdict from a jury is a formal decision or judgment made by a jury at the conclusion of a trial or legal proceeding. The jury's verdict is reached through a process of finding facts and applying the law as instructed by the court. In a criminal trial, the verdict is typically guilty or not guilty, while in a civil trial, it can include various outcomes such as finding for the plaintiff or defendant and specifying damages. The jury's verdict represents the culmination of the legal process and is a fundamental right in the American justice system, providing citizens with the opportunity to participate in the judicial process and ensuring a system of checks and balances.
| Characteristics | Values |
|---|---|
| Definition | A verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. |
| Types | General verdict, sealed verdict, special verdict |
| Jury's role | The jury makes a complete finding and a single conclusion on all issues presented. |
| Jury's decision | Guilty, not guilty, liable, not liable |
| Jury's right | A jury has an absolute right to return any verdict. |
| Jury's notification | The jury notifies the bailiff, who notifies the judge. |
| Jury's unanimity | The foreperson is asked to indicate whether the jury has reached a unanimous verdict. |
| Judge's role | The judge enters judgment on the verdict. |
| Judge's comment | The judge is prohibited from commenting on the jury's verdict. |
| Defendant's right | The defendant has a constitutional right to present a defense and rebut the prosecution's case and have a jury determine guilt or innocence. |
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What You'll Learn
The jury's right to nullification
Jury nullification, also known as jury equity or a perverse verdict, is a discretionary act where a jury in a criminal trial returns a "not guilty" verdict even though they believe the defendant broke the law. This occurs when the jury wants to send a message about a social issue or because the verdict dictated by law goes against their sense of justice, morality, or fairness. Jury nullification is not a legally sanctioned function of the jury, and it is considered inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case. However, it is an absolute right of the jury, and jurors are protected regardless of their verdicts.
The history of jury nullification is marked by notable instances where it was used to claim rights recognized as fundamental in modern democratic societies, such as freedom of speech and freedom of religious practice. In 1554, a jury acquitted Sir Nicholas Throckmorton but was severely punished by the court. Later, in 1649, a jury acquitted John Lilburne, who was charged with seditious libel for publishing articles critical of Oliver Cromwell's regime. The jury was instructed to give a verdict only on whether the text was published, but Lilburne argued for a general verdict, allowing the jury to judge the law's restraint on speech.
Jury nullification has also been used to oppose what jurors perceive as unjust laws. For example, during the Prohibition era, juries often nullified alcohol control laws, contributing to the adoption of the Twenty-first Amendment, which repealed Prohibition. During the civil rights movement in the 1950s and 1960s, some all-white juries acquitted white defendants accused of murdering African Americans, which some scholars attributed to jury selection issues rather than nullification. In another example, juries refused to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves, instead using jury nullification to protest and refuse to convict people under these laws.
While some view jury nullification as an important safeguard against wrongful imprisonment and government tyranny, others see it as a violation of the right to a jury trial, undermining the law. Judges retain the right to decide sentences and disregard guilty verdicts, acting as a check against malicious juries. Additionally, jury nullification can potentially permit violence against socially unpopular factions if a jury convicts a defendant who has not broken the law. In some states, jurors may be struck from the panel if they do not agree to accept the rulings and instructions of the law as provided by the judge. Despite these concerns, jury nullification remains a controversial aspect of the legal system, with varying perspectives on its role and basis in American jurisprudence.
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Verdict types: general, sealed, and special
In law, a verdict is a formal finding of fact made by a jury on matters or questions submitted to them by a judge. There are several types of verdicts, including general, sealed, and special verdicts.
General Verdict
A general verdict is when the jury makes a complete finding and a single conclusion on all the issues presented. First, the jury finds the facts as proved by the evidence, then applies the law as instructed by the court, and finally returns a verdict in one conclusion that settles the case.
Sealed Verdict
A sealed verdict is put into a sealed envelope when there is a delay in announcing the result, such as waiting for the judge, the parties, and the attorneys to return to court. It is kept in a sealed envelope until the court reconvenes and is then handed to the judge. This practice is common in many U.S. jurisdictions and may be the preference of the judge involved.
Special Verdict
A special verdict is a verdict in which the jury gives its findings on particular factual issues without necessarily stating a general conclusion on which party should win the whole case. The court submits written questions with regard to the factual issues in a case, along with detailed instructions. Based on the jury's answers, the court then applies the law and draws legal implications. Special verdicts are recommended only in exceptional cases, as they can provide many benefits in complex cases, such as clarifying the jury's reasoning and more definitively answering pertinent issues.
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The role of the foreperson
The foreperson will then be asked to announce the verdict in court. This is a formal process, and the foreperson must follow a specific format. They will need to state the jury's decision clearly, for example, "We the Jury find the defendant guilty". The foreperson may also be required to confirm the verdict sheet's accuracy and that it has been signed and dated.
In some cases, the foreperson may be asked to provide additional information or answer questions about the jury's decision. This could include clarifying how the jury reached its conclusion or providing details on any counterclaims or damages awarded. It is the foreperson's responsibility to ensure that the jury's decision is accurately represented and that any questions are answered to the best of their ability.
The foreperson plays a crucial role in ensuring the integrity of the jury's decision. They are expected to act impartially and in the best interests of the jury, upholding the constitutional right to a fair trial. This includes protecting the jury's right to privacy and ensuring that no outside influences impact their decision-making process.
Overall, the foreperson has a significant responsibility in facilitating the jury's decision-making process, ensuring unanimity, and accurately representing the jury's verdict in court. Their role is essential to the fair and efficient administration of justice.
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Jury selection
Compilation of a Jury Pool
The courts create a list of potential jurors, or a jury pool, by randomly selecting eligible citizens from counties within the district. This list is compiled using various sources, such as voter registration records, driver's license lists, and state income tax rolls, to ensure a diverse representation of the community.
Summoning and Questioning
Once a jury is needed for a trial, a panel of prospective jurors is summoned to the courtroom. The judge and attorneys then engage in a process called "voir dire," which involves questioning the potential jurors to assess their suitability for the case. This includes determining their legal qualifications, ensuring no undue hardship, and evaluating their competence and impartiality.
Challenges and Excuses
Attorneys for both sides have the right to challenge the inclusion of certain jurors. There are two types of challenges: "challenges for cause," where an individual may be excused due to potential prejudice or hardship, and "peremptory challenges," where jurors can be dismissed without providing a reason, typically used when a juror appears likely to favour the opposing side.
Swearing-In
After the voir dire process and the resolution of any challenges, the selected jurors are sworn in by the court clerk, who administers an oath to ensure the jurors' commitment to their duty. Jurors may also choose to affirm instead of swearing if they prefer.
Alternate Jurors
In some cases, alternate jurors may be chosen to replace any jurors who become unable to continue serving during the trial, ensuring that the trial can proceed without interruption.
The jury selection process is carefully designed to ensure a fair and unbiased jury, which is a fundamental aspect of the constitutional right to a fair trial.
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The right to a jury trial
The Seventh Amendment, on the other hand, ensures the right to a jury trial in civil suits at common law, where the value in controversy exceeds twenty dollars. This amendment was added to the Constitution to address Anti-Federalist concerns about overreach and corruption in the legislative, executive, and judicial branches of the federal government. The Seventh Amendment applies at the federal level, although most states also provide a right to a civil trial in specific cases, as outlined in their state constitutions.
It's important to note that the right to a jury trial is not absolute and can be waived in certain instances, depending on the jurisdiction. For example, in a federal district court, defendants can request to waive their right to a jury trial, but the court and prosecutor must agree. Additionally, the waiver must be made in writing and done knowingly and voluntarily. However, the right to a jury trial generally cannot be waived when the defendant may face the death penalty.
The jury's role in a trial is crucial. They are tasked with finding the facts of the case, as proven by the evidence presented, and then applying the law as instructed by the court. Once the jury reaches a decision, they notify the bailiff, who then informs the judge. The participants reconvene in the courtroom, and the verdict is announced. In a criminal case, the verdict is either "guilty" or "not guilty," while in a civil case, the jury may find for the plaintiff or defendant and determine any damages to be awarded.
In certain situations, a judge may issue a directed verdict, ordering the jury to return a particular verdict. This typically occurs when the judge believes that no reasonable jury could decide otherwise. However, the defendant has a constitutional right to present a defence, rebut the prosecution's case, and have a jury determine guilt or innocence, unless they have waived their right to a jury trial.
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Frequently asked questions
A jury verdict is the formal decision or judgment rendered by a jury at the conclusion of a trial or legal proceeding.
A general verdict is used in typical cases where the jury is presented with testimony and evidence at trial, applies the law as instructed by the judge, and then deliberates to decide whether the defendant is “guilty” or "not guilty" of the charged offence.
A special verdict is a verdict by a jury that makes specific factual conclusions. A special jury verdict form may be used to have the jury answer directed questions regarding the required elements for a cause of action or special issues.
A directed verdict is an order from the presiding judge to the jury to return a particular verdict. The judge orders a directed verdict after finding that no reasonable jury could decide to the contrary.
Jury nullification, also known as a perverse verdict, is a decision by the jury in a criminal trial resulting in a verdict of not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust or that the punishment for breaking the law is too harsh.
