Charles Jenkins

Resident Legal Advisor

U.S. Embassy, Colombo
Sri Lanka
 Greece: Juries of up to 1501 members, decision
by majority vote.
Greek Mythology: In the play Eumenides, the
Goddess Athena summons twelve citizens as a jury.
When they vote 6-6, Athena dictates this is an
acquittal.
Medievel juries were self-informing,
meaning that they either knew the parties or
the facts, or they were charged with the duty of
investigating and discovering the facts.
 In the U.K., the self informing jury was
established by Ethelred the Unready.
King Henry II created juries to resolve land
disputes. He also created the first grand jury.
This jury was responsible for reporting any
crimes that they knew of in their area. The
accused criminal was then given a trial by
ordeal.
Magna Carta, 1215, created a right to trial by
jury.
 1730, established tradition of selecting jury at
random, then charged with determining guilt
or innocence.
England, Wales, Ireland, and Scotland all
conduct jury trials for serious crimes.
For depriving us in many
cases, of the benefits of Trial
by Jury
 Article 3 - The Judicial Branch
Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,
the Laws of the United States, and Treaties made, or which shall be made, under their Authority;
to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty
and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to
Controversies between two or more States; between a State and Citizens of another State; between
Citizens of different States; between Citizens of the same State claiming Lands under Grants of
different States, and between a State, or the Citizens thereof, and foreign States, Citizens or
Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a
State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appellate Jurisdiction as to Law and Fact, with
such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment shall be by Jury; and such Trial shall be
held in the State where the said Crimes shall have been committed; but when not committed
within any State, the Trial shall be at such Place or Places as the Congress may by Law have
directed.
 6th Amendment
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him;
to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence.
7th Amendment
In Suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise re-
examined in any Court of the United States, than according
to the rules of the common law.
 Speedy Trial
Public Trial

Impartial Jury

Assistance of Counsel
 RULE 23. JURY OR NONJURY TRIAL
(a) JURY TRIAL. If the defendant is entitled to a jury trial, the trial must be
by jury unless:
(1) the defendant waives a jury trial in writing;
(2) the government consents; and
(3) the court approves.
(b) JURY SIZE.
(1) In General. A jury consists of 12 persons unless this rule provides otherwise.
(2) Stipulation for a Smaller Jury. At any time before the verdict, the parties may, with the
court's approval, stipulate in writing that:
(A) the jury may consist of fewer than 12 persons; or
(B) a jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror
for good cause after the trial begins.
(3) Court Order for a Jury of 11. After the jury has retired to deliberate, the court may permit
a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the
court finds good cause to excuse a juror.
(c) NONJURY TRIAL. In a case tried without a jury, the court must find the
defendant guilty or not guilty. If a party requests before the finding of
guilty or not guilty, the court must state its specific findings of fact in
open court or in a written decision or opinion.
 RULE 24. TRIAL JURORS
(a) EXAMINATION.
(1) In General. The court may examine prospective jurors or may permit the attorneys for the parties to do so.
(2) Court Examination. If the court examines the jurors, it must permit the attorneys for the parties to:
(A) ask further questions that the court considers proper; or
(B) submit further questions that the court may ask if it considers them proper.

(b) PEREMPTORY CHALLENGES. Each side is entitled to the number of peremptory

challenges to prospective jurors specified below. The court may allow additional
peremptory challenges to multiple defendants, and may allow the defendants to
exercise those challenges separately or jointly.
(1) Capital Case. Each side has 20 peremptory challenges when the government seeks the death penalty.
(2) Other Felony Case. The government has 6 peremptory challenges and the defendant or defendants jointly have 10
peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.
(3) Misdemeanor Case. Each side has 3 peremptory challenges when the defendant is charged with a crime punishable by
fine, imprisonment of one year or less, or both.

(c) ALTERNATE JURORS.

(1) In General. The court may impanel up to 6 alternate jurors to replace any jurors who are unable to perform or who are
disqualified from performing their duties.
(2) Procedure.
(A) Alternate jurors must have the same qualifications and be selected and sworn in the same manner as any other juror.
(B) Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror has
the same authority as the other jurors.
(3) Retaining Alternate Jurors. The court may retain alternate jurors after the jury retires to deliberate. The court must
ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged.
If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations
anew.
(4) Peremptory Challenges. Each side is entitled to the number of additional peremptory challenges to prospective alternate
jurors specified below. These additional challenges may be used only to remove alternate jurors.
(A) One or Two Alternates. One additional peremptory challenge is permitted when one or two alternates are impaneled.
(B) Three or Four Alternates. Two additional peremptory challenges are permitted when three or four alternates are impaneled.
(C) Five or Six Alternates. Three additional peremptory challenges are permitted when five or six alternates are impaneled.
 To be legally qualified for jury service, an individual
must:
be a United States citizen;
be at least 18 years of age;
reside primarily in the judicial district for one year;
be adequately proficient in English to satisfactorily
complete the juror qualification form;
have no disqualifying mental or physical condition;
not currently be subject to felony charges punishable
by imprisonment for more than one year; and
never have been convicted of a felony (unless civil
rights have been legally restored)
 Jury Selection
Reading of Charges and Preliminary
Instructions
States Case in Chief
State rests
Motion for Directed Verdict
Defendants Case (optional)
Rebuttal
Closing Argument
Jury Instructions
Verdict returned
Questions?