ABA Family Legal Guide

Criminal Justice

Court Procedures

Trial

What is the role of a jury in a criminal case?

The jury weighs the evidence and finds the defendant guilty or not guilty. (Juries are discussed more fully in chapter 2, "How the Legal System Works.") It is important to understand that you have certain rights. First, you have a right to a jury trial in serious criminal cases (for example, for crimes punishable by more than six months' imprisonment). Second, you have a right to a jury that is chosen from a fair cross section of the community and is not biased against you. Both the state and the defense may seek to remove potential jurors who would not be fair and, in addition, both sides usually are allowed to remove a set number of jury members without showing cause; however, it is unconstitutional to use these peremptory challenges to remove jurors on the basis of race or gender.