Serving on a jury is one of the most important civic duties that a citizen can perform. It is also one of the most thankless jobs that someone can do. Not only do jurors have to take time out of their busy lives to serve, but they are often ridiculed and harassed for making decisions that are unpopular. In this blog post, we will discuss whether law students and lawyers can serve as jurors in criminal trials.
Can Law Students and Lawyers Serve as Jurors?
Yes! Lawyers and law students can serve as jurors in criminal trials. Lawyers are often disqualified from jury service, but this is because they are called for duty so often that it would be difficult for them to serve. Law students may also be called for jury duty, but they will likely be excused if they have recently graduated from law school or if they are currently attending law school.
The reason for this is because there are some states that do not allow students to serve on juries if they have recently graduated or are still enrolled in an undergraduate program at the time of jury selection. This does not mean you cannot be called for jury duty again after graduation, just that you might need to wait before serving again.
For example, in Massachusetts, lawyers and law students cannot serve on juries if they have been admitted to practice within the last year or are currently enrolled full-time at an accredited law school (Massachusetts General Laws Section 52B(d)(i)&(ii)). If you are not a lawyer but work as paralegal, then it is likely that you will be able to serve jury duty.
It is possible for lawyers and law students to serve on juries, but there may be restrictions in some states. If you are called for jury service, then check with your local court’s website or contact them directly by phone so they can let you know if you are eligible to serve.
In addition, many states have special rules for attorneys who work in the criminal justice system, such as prosecutors and public defenders. These types of lawyers cannot sit on juries because they may be called upon at some point during the trial to give evidence or testify about something that happened while serving as part of a jury panel.
If you are a law student or lawyer and have any questions about your eligibility to serve on a jury, please contact your local court. They will be more than happy to help you out.
Chances of a Law Student Getting Empaneled on a Jury
There are two ways to become a juror in the United States: you can either be selected randomly from among all eligible voters (called “jury selection”) or volunteer for jury duty by mailing your name and address on a postcard sent out annually by local courts.
The chances of being chosen as part of the pool from which jurors will be randomly selected are usually about one in thirty, but this number can vary depending on the jurisdiction.
If you live in a large metropolitan area, your chances of being called for jury duty are higher because there are more people living in that area and therefore more potential jurors to choose from. If you live in a rural area, your chances of being called are lower because there are fewer people living in that area.
If you want to increase your chances of being called for jury duty, you can always volunteer by mailing your name and address on a postcard sent out annually by local courts. This will put you at the top of the list for potential jurors and increases your chances of being selected.
If you are a lawyer, then your chances of being called for jury duty are higher than that of other people because lawyers often serve on juries. This is due to their knowledge and understanding of the law as well as experience with trials and court proceedings. The same goes if you work in any field related to criminal justice such as law enforcement or corrections.
Law students have a higher chance of being selected for jury duty than other people because they are required to take courses on the justice system and its processes as part of their studies at law school.
However, if someone works in any field related to criminal justice such as law enforcement or corrections, then their chances increase again because they may have experience with court proceedings and trials.
Are Jurors paid?
Jurors are not paid for their service. The court will reimburse them for any expenses such as travel or parking fees but cannot give money in return for serving on a jury panel. This is because courts do not want to influence the outcome of trials by giving one side an advantage over another with money incentives (i.e., bribing jurors).
In some rare cases, a juror may be reimbursed for childcare expenses if they can provide proof that they had to pay someone to watch their child while they served on the jury. However, this is not common and most courts will not reimburse jurors for any costs related to serving on a panel.
Serving on a jury is an honor that comes with great responsibility. Most jurors feel a sense of duty to do their part in the justice system by ensuring fair trials for both defendants and plaintiffs alike while upholding constitutional rights protected under law.
They also get paid time off from work, which many people find appealing as they may have otherwise been forced into taking unpaid leave if they had chosen not to serve.
Why people may not be willing to serve in a jury
However, some people are less enthusiastic about performing this civic duty due to the inconvenience it can cause them and their employers during busy periods at work or in school.
Others may not want to participate because of personal beliefs which may conflict with others on the panel (i.e., religious convictions).
There is also a small percentage of Americans who do not believe in the death penalty so they would prefer not serve on any jury that has this option available as part of its sentence.
If you feel like your beliefs might conflict with those held by other jurors or if there are certain cases which would be difficult for you to hear about due to personal experience, then you may request that your name be removed from consideration before any potential trials begin (known as preemptory challenges). For example:
If an individual works in law enforcement and has seen the effects of gun violence firsthand, he or she might not want to hear about cases where someone was killed by a firearm for fear it will bring back memories.
If someone has been a victim of sexual assault themselves, they may not be able to sit through testimony from others who have suffered similar trauma without becoming emotional or unable to focus on what is being said due to their own pain.
This could potentially bias their decision making process as well as those around them when it comes time to deliberate.
Why are lawyers typically excluded from juries?
There are a few reasons why lawyers are typically excluded from juries.
The first reason is that lawyers may have difficulty being impartial jurors. Lawyers often have relationships with the attorneys representing the parties in a case, and they may be more likely to give credence to their arguments.
Additionally, lawyers are often familiar with the law and may be able to spot flaws in a case more easily than non-lawyers. This could lead to unfairness in the trial proceedings.
Lastly, lawyers are often called on to provide legal advice to their clients, and they may be unable to refrain from giving this advice during the course of the trial.
Jury Selection in Criminal Cases
In criminal cases, the process of selecting jurors is known as voir dire. During this process, attorneys for both sides are allowed to ask potential jurors questions in order to determine their qualifications and impartiality.
Attorneys may ask potential jurors about their background, occupation, and knowledge of the law. They may also ask whether the potential juror has any biases or preconceived notions about the case.
Potential jurors who are lawyers are typically asked additional questions, such as whether they have ever provided legal advice to a client in relation to the case at hand.
If an attorney determines that a potential juror is not qualified or impartial, they may challenge the juror for cause. This means that they remove the juror from consideration.
After all potential jurors have been questioned, each side is given a certain number of peremptory challenges, which allow them to remove a specified number of jurors without having to give any reason for doing so.
A challenge for cause can only be made during voir dire, whereas a peremptory challenge can be made at any time.
Qualifications to Serve on a Jury
In order to serve on a jury in a criminal case, you must meet the following qualifications:
- You must be at least 18 years old
- You must be a citizen of the United States
- You must be a resident of the state in which you are serving
- You must be proficient in English.
In addition to these qualifications, there are some additional requirements that vary by jurisdiction. For example, some states require jurors to have completed high school or college. Some jurisdictions also limit jury service to those who earn above a certain income threshold and/or those who do not have any criminal convictions.
Can paralegals serve on a jury?
Paralegals are not typically excluded from jury service. They do, however, need to meet all of the qualifications listed above in order to be eligible for jury duty. In some cases, paralegals may have difficulty serving because they work with lawyers on a daily basis and might have biases or preconceived notions about certain legal issues.
As a result, they may be challenged for cause or removed through peremptory challenges during jury selection.
What is the role of a jury in a criminal trial?
A jury’s role in a criminal trial is to listen to the evidence presented by both the prosecution and the defense, and then to decide whether the defendant is guilty or not guilty.
The decision of the Jury
The jury’s decision must be unanimous. If the jury cannot reach a unanimous verdict, then there is something called “a hung jury.”
If this happens, it means that the judge will declare a mistrial and order another trial to take place at some point in the future with an entirely new set of jurors.
There are many factors that go into a jury’s decision, but the most important one is whether or not the defendant is guilty “beyond a reasonable doubt.”
This standard is very high, and it means that the jurors must be absolutely convinced that the defendant committed the crime before they can find him or her guilty.
It is important to remember that the jury’s decision is not final. The defendant can always appeal a guilty verdict to a higher court.
Reasons for Being Excused from Jury Service
There are many reasons why someone might be excused from jury service. Here is a list of the most common ones:
The person has been convicted of a crime in the past, and he or she does not want to sit on a jury because it would be too traumatic. (Jurors are often asked if they have ever been convicted of a crime, and if they answer yes, they are automatically disqualified from service.)
- The person is not a U.S. citizen.
- The person is not 18 years old or older.
- The person has a mental illness or is physically unable to serve on a jury.
- The person is a police officer or a member of the military.
- The person works for the government and is unable to serve on a jury because of his or her job duties.
- The person has religious objections to capital punishment.
- The person has a medical condition that would make it impossible for him or her to serve on a jury. (For example, the person may have diabetes and cannot eat while serving as a juror because he or she needs insulin.)
- The person does not speak English well enough to understand what is going on in court.
- The person is not able to read, write, or speak English fluently.
- The person is too prejudiced against the defendant or his defense attorney to be fair and impartial.
- The person has family members who are involved in a criminal case that may come before him or her as a juror, and it would create a conflict of interest if he served on their jury.
- The person is unable to serve for some other reason. (For example, he or she may be caring for a sick relative.)
- The person does not want to serve on a jury because it interferes with his or her work schedule and/or personal life.
If any of these reasons apply to you, then you should ask the judge to excuse you from jury service.
A judge can either grant or deny your request, but it is rare for a judge to do so without good cause.
Role of a Judge in Cases With a Jury
A judge’s role in a case with a jury is to make sure that the trial proceeds fairly and that the law is followed.
The judge also decides important legal questions that may come up during the course of the trial, such as whether or not certain evidence can be admitted into evidence.
If there is a problem with the jury’s decision, then the judge may order a new trial.
The judge does not have any say in whether or not the defendant is guilty; that is up to the jury. The judge’s only concern in this case would be if there was something wrong with how the trial proceeded that made it unfair for either side of the case.
When the trial is over and the jury has reached a verdict, it is up to the judge to read out that verdict in court.
The judge will then sentence the defendant if he or she was found guilty, which means announcing what punishment they must serve for their crime(s).
What Is Jury Nullification?
Jury nullification is a term that refers to when jurors refuse to convict someone of a crime even though they believe he/she is guilty based on the evidence presented in court.
This is usually because they disagree with the law itself or think it was unfairly applied to this person.
For example, juries may nullify in cases involving drug possession if they feel that drug laws are unjust and should be abolished completely (this has happened before).
Sometimes it can also happen when jurors don’t think there’s enough evidence to convict someone of a crime, or if they think that the punishment for the crime is too harsh.
Jury nullification is legal in the United States, but it is not something that judges like to see because it can disrupt the trial process.
So far, there has been no clear case law establishing whether or not jury nullification is allowed under federal law.
Some legal scholars argue that it should not be allowed at all, while others say there is nothing wrong with nullification because jurors have a right to make their own decisions about guilt or innocence based on what they’ve heard during trial proceedings.
What Is Jury Selection?
Jury selection refers to the process of choosing people who will serve on juries. It usually happens at the beginning of a trial and involves several steps:
- The judge asks potential jurors whether they are able to serve as fair and impartial decision makers in this case (and if not, why).
- They also ask questions about their backgrounds so that attorneys can make an informed choice when selecting jurors who will be most sympathetic to their arguments during trial proceedings.
- The judge permits attorneys from both sides (or sometimes just one) to ask questions that help them decide if someone should serve as a juror based on how they answer these types of inquiries:
- Do you think the defendant is guilty?
- Why or why not?
- (This type of question gives attorneys insight into whether or not someone will be biased against their case from the beginning.)
- The judge instructs all potential jurors that they must listen carefully to everything said during trial proceedings and then make a decision based on what was presented as evidence, witnesses’ testimonies about those facts, etc.
- Potential jurors are also warned that they must not discuss the case with anyone else – including friends, family members, or even other potential jurors!
How Does a Jury Reach a Verdict?
Once all of the jury selection is complete, the trial can begin. The first order of business is for the jury to hear from the prosecution and the defense about what they believe happened.
After that, the jury will usually hear from witnesses who have been called to testify by either side.
Once all of the evidence has been presented, the jury will deliberate in private to come up with a verdict. This process can take anywhere from a few hours to several days.
When they are ready to announce their decision, everyone will return to the courtroom where they were seated and hear whether or not each juror has voted guilty or innocent on each charge brought against him/her.
The jury must unanimously agree that all charges have been proven beyond a reasonable doubt before handing down any sentences; however, if they cannot agree on all counts then they may not convict anyone at all (this is called a “hung jury”).
The judge will read aloud each notice of guilt or innocence as he/she reads them off one-by-one from the verdict form that has been filled out by the foreperson.
If there are multiple charges, then each juror must vote on him/herself for every single charge before moving onto another one.
Once all votes have been tallied up, the jury will announce their decision by saying “we find [defendant]’s guilty of murder in the first degree.””
The judge may ask if any jurors would like to speak about their decision, but this is not mandatory.
Conclusion
Law students and lawyers can serve as jurors in criminal trials. However, they must remember that their role is to listen to the evidence and decide whether or not the defendant is guilty “beyond a reasonable doubt.” If they are not sure about the verdict, they should vote not guilty. The decision of the jury is final only if it is unanimous.
If the jury cannot reach a unanimous verdict, then there is something called “a hung jury.” In this case, the judge will declare a mistrial and order another trial to take place at some point in the future with an entirely new set of jurors.