Also known as: jurors · juror's · jurors' · jury member · panel member
Written by attorneys · grounded in primary & secondary sources — see below
A member of a jury panel selected to decide factual issues in a legal proceeding.
Defense counsel approached Joy Jiang, a seated juror, in the courthouse hallway and offered her a detailed summary of evidence not yet admitted at trial. The court found the contact sought to influence the juror by means outside permitted channels. The lawyer received sanctions and the juror was replaced with an alternate.
Jamal Jefferson faced felony charges before a five-member jury after two jurors were excused mid-trial. The trial court allowed the reduced panel to deliberate and return a verdict. On appeal the conviction was reversed because a criminal jury of fewer than six members violates constitutional requirements.
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Jordan Jenkins's counsel requested to question prospective jurors about bias toward corporate defendants. The court conducted initial questioning itself and then allowed each side twenty minutes of follow-up inquiry. The additional questions revealed two jurors who were excused for cause.
Judy Jacobs moved to dismiss the indictment after learning one grand juror had a prior felony conviction. The record showed twelve other qualified jurors had voted to indict. The court denied the motion because the presence of twelve qualified jurors satisfied the rule.
Jorge Juarez was called by the defense to testify at trial about statements another juror had made during deliberations. The court refused to allow the testimony and gave the prosecution an opportunity to object outside the jury's presence. The juror remained on the panel and the trial proceeded.
Jeanette Jensen, an African-American prospective juror, was peremptorily struck by the prosecutor. The defendant made a prima facie showing of racial motivation. The prosecutor offered only a vague demeanor-based reason that the record did not support, so the strike was disallowed and the juror seated.
A criminal jury must consist of at least six members. A five-member jury violates the Sixth and Fourteenth Amendments even if the parties consent.
A lawyer may not communicate with a discharged juror if the juror has indicated a desire not to speak or if the communication would seek to influence the juror by prohibited means. Court rules further restrict post-discharge contact.
A court may excuse a juror for good cause shown during trial or deliberations. The remaining jurors may continue if the required minimum number is still present.
A juror generally may not testify before the other jurors at trial or about the content of deliberations in a later inquiry into verdict validity. Limited exceptions exist when racial animus is clearly shown to have motivated the verdict.
The defendant must first make a prima facie showing that the strike was based on race. The prosecutor must then articulate a race-neutral reason, after which the court determines whether purposeful discrimination has been proven.
…thought trial by unsworn ex parte affidavit perfectly OK. (The claim that unsworn testimony was self-regulating because jurors would disbelieve it, cf. post , at 69-70, n. 1, is belied by the very existence of a general bar on unsworn testimony.) Any attempt to determine the application of a constitutional…