What Is Jury Duty and How Does the Jury Selection Process Work?

Jury service is frequently viewed as an inconvenient and time-consuming chore that requires people to request time off work, arrange childcare, or cancel big plans. However, this civic duty is one of the foundations of American liberty and a respectable use of anyone's time.

Understanding the selection criteria and the juror's responsibilities allows citizens to participate comfortably in the process. They can more accurately discern what to disclose to the courts and better follow the judge's instructions.

What is Jury Duty?

Jury duty, or jury service, is a legal obligation held by most US citizens at the age of majority. They are randomly chosen from a pool of eligible citizens to serve as jurors in a court of law. Jurors are responsible for reviewing the facts, deliberating with fellow jurors, and rendering a verdict.

Jury Duty

The presiding judge carefully selects jurors. The goal is to represent a cross-section of the community so the jury benefits from multiple points of view. A diverse jury prevents a decision from being overly swayed by one judge's life experiences.

How Does Jury Duty Work?

Part of the stress surrounding a jury duty summons is not knowing what to expect. Many potential jurors aren't sure how long the process takes, the selection criteria, or what happens after they're chosen for the responsibility.

Citizens receive their summons via the mail, which contains information about when and where they must report for service. The judge and attorneys question the summoned candidates to determine each one's suitability for the specific case.

Responding to the initial summons typically takes less than a day. However, depending on the trial, jury duty can stretch for weeks or even months.

Jury Selection Process

The jury selection process filters through candidates and roots out unsuitable individuals. The disqualified candidates may have cultural, personal, or experiential biases that would affect their decision-making in the case.

For example, someone who had their life savings stolen by a fraudulent accountant may be less open-minded if the defendant is accused of a similar crime.

What are the Three Stages of Jury Selection?

Generally, the jury selection process is broken into three stages: jury pool creation, voir dire, and the final selection.

The first step is creating the jury pool. The courts summon more people than necessary because some will be disqualified during interviews while others will fail to attend. Depending on the state, candidates are pulled by randomly drawing names from the county's voter registration lists or the Department of Motor Vehicles.

Each jury pool consists solely of people who live in the jurisdiction overseeing the case. This allows the jury to depict the defendant's peer group most accurately through a tangentially shared local culture or living conditions.

The second step in jury selection is voir dire, which literally means "to speak the truth." It is the questioning process in which the judge and attorneys can gauge the fitness of juror candidates.

Jurors are interviewed to determine whether they have any conflicts of interest that would prevent them from providing an impartial perspective. The questions asked during voir dire will change based on the case.

In many states, attorneys may dismiss a specified number of jurors without providing a reason aside from discriminatory grounds. This discretionary measure is called a peremptory challenge.

The final step is the final selection of the jury. Some jurors may be excused during voir dire. The juror's answers are

The final stage is the selection of the jury. Some jurors may be excused due to their responses during voir dire. However, judges and attorneys must continue to reduce the jury to the standard size, typically six to twelve jurors. Anyone not selected is excused from the case.

How Long Does Jury Selection Take?

The time commitment for jury selection ranges grossly depending on the circumstances of the case. In most cases, each side questions the candidates for a limited time for voir dire, but jurors may be dismissed at any time during the process.

Factors that may affect how long the screening process takes include:

  • The juror's chair number
  • Lawyer's screening style
  • Complexity of the case

Most of the selection process is spent in a waiting room. Potential jurors are typically called into court hours before their case is brought up, requiring them to dawdle for hours before being sent home.

Additionally, some districts ask jury pools to remain on standby for several weeks. This means that even if a juror is dismissed for one case, they may be called in for another for which they are more suited.

For example, a juror may be dismissed because they cannot properly examine gruesome images due to extreme nausea. The judge may call that juror back for a case that does not involve violent assault.

What Numbers are Usually Called for Jury Duty?

Courts assign numbers to citizens reporting for jury duty. These numbers are alternate forms of identification that protect the juror's anonymity and make it easier for the relevant parties to reference individuals.

Each district assigns these numbers in different ways. Some utilize a bingo system, and others digitally generate juror numbers.

In general, jurors are screened in ascending numerical order, and, in many cases, the courts build a full jury before questioning all the candidates. This means that jurors with lower numbers are more likely to be selected to serve than those with higher numbers.

Jury Duty

How Do You Get Picked for Jury Duty?

Selection for jury duty is mostly random chance. Citizens must be chosen from a large pool of citizens, be called for voir dire, and pass the attorneys' and judge's evaluations. Jurors only have control over the last step.

Aside from their answers during voir dire, there are several reasons the court may automatically disqualify a potential juror, including:

  • Felony Conviction: Depending on the state, a prior felony conviction may permanently disqualify a citizen from jury duty. Lower-class felonies and misdemeanors may only result in a temporary exclusion from jury service.
  • Mental Health Conditions: Severe mental health issues can leave a juror unable to fully grasp a complicated case or deliberate with the other jurors.
  • Occupational Exemptions: Some occupations, like legal professionals and law enforcement, are exempt from jury duty in some states. This exemption is because of the risk that these individuals are more likely to harbor certain biases.

How Long is Jury Duty if Not Picked?

Except for the selection process, most juries serve for one day. However, complicated trials can last weeks or even months, and getting a unanimous jury decision might take even longer.

This extended time frame is why most people hope to slip by unchosen. Usually, jurors who aren't chosen are put on standby until a more suitable case comes in. These jurors are instructed to wait for a phone call or check the court's website for a new assignment.

Jurors who are not called in again are typically exempt from summons for eighteen months, although this exemption period varies between districts. In some cases, potential jurors may need to return for additional days if the selection process takes longer than expected, but this is less common.

How to Avoid Being Picked for Jury Duty

While jury duty is a civic obligation, there are legal methods to avoid being selected. The courts usually summon several times the number they need, as it's expected to cut most people out through the selection process.

This means there is a high chance most jurors can avoid serving. The most reasonable method to avoid being picked for jury duty is to be honest about the burden that serving will cause. People living on lower incomes or with many dependents may receive special consideration.

Judges may also avoid picking seniors over a certain age, individuals with medical conditions, or active-duty military members.

Expressing an inability to remain impartial will also force an attorney to dismiss a juror for cause. They do not want jurors that may hurt their case or negatively influence the other members. In some cases, voicing apathy toward the case or subtly siding with either side can lead to being excused.

The courts make reasonable efforts to excuse people who would be excessively burdened from participating in jury service. These exemptions do not apply to people seeking to avoid hassle but to people with legitimate reasons.

Lying during the voir dire questioning or any court setting is not recommended. Deliberately attempting to avoid selection may have legal consequences depending on the judge.

Jury duty is a valuable service provided by any American citizen. From receiving the mailed summons to the final selection, the jury duty process creates a fair and well-rounded jury that most closely represents both parties in a case.

However, it can be time-consuming and disrupt people's professional and personal lives. While most cases only require one or two days, that time is critical for household providers or single parents.

Explaining your circumstances may get you excused from a case, but it is ultimately up to the judge's and attorneys' discretion. Understanding the selection process will help citizens navigate their time in court more smoothly and only disclose personal information relevant to their role as jurors.

FAQ

What to Wear to Jury Duty?

It is important to dress appropriately when attending any court setting. Courtrooms are formal environments, and business casual attire is typically recommended.

Men should wear a collared shirt, closed-toe shoes, and slacks at a minimum. Women may dress similarly to men but may also wear a modest dress.

Notable things to avoid are shorts, flip-flops, and anything with a large logo or graphic design. The goal is to show your respect for the court with your attire.

What Happens if You Don't Show Up for Jury Duty?

Failure to answer a jury summons can have serious repercussions. Most states consider this a contempt action. While jail time is unlikely, absentee jurors face fines of at least several hundred dollars.

This fine may be waived in some circumstances if the juror provides a reasonable excuse or reason for exemption.

What Are the Chances My Jury Duty Group Gets Called In?

The chances of getting chosen for jury duty are relatively slim. It depends on the types of cases available during your term. In most cases, the courts summon more jurors than are necessary, and most return home without being asked to serve.

Do You Get Paid for Jury Duty?

Yes, jurors get paid for their service. The payment amount varies by state and district but is often minimal compared to daily wages. Some jurisdictions do not pay jurors who come for the selection process but are not chosen.

Some states, such as Tennessee and New York, require employers to pay citizens for jury duty absences. However, other states can require employees to use their paid time off to fulfill this civic duty.