How Juries Are Designed to Protect You

If you are charged with a crime, that does not mean all hope is lost. The United States Constitution has given you the right to defend yourself, so you are not considered guilty from the get-go.

Specifically, the Sixth Amendment guarantees you that right. It says, “...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….” Because of this, it is not the judge that prosecutors have to convince. It is a jury made up of people who often have as much experience with the law as you.

Where the Concept of a Jury Started

While the Constitution gives you the right to a trial by jury, the idea predates the Constitution, going back to medieval times in England. It was seen as a way to protect the accused from the absolute power of the established government at the time–the monarchy. 

By the time the 13 colonies were established, jury trials were already popular. In fact, every one of the colonies guaranteed the right well before the Constitution was written.

Why You Might Want a Jury

You don’t necessarily have to plead your case before a jury. You can always do what is called a bench trial. This is where you go before a judge, who will make every decision, including whether or not you are guilty and what your sentence will be. 

However, depending on the case, this is not likely in your best interest. A judge will make sure to follow every rule to a tee. If your charges are overly punitive — but within the law — a jury would be more likely to rebel against the letter of the law than the judge.

Prosecutors also have to convince more people in a jury trial. In Utah, that is either four, eight or twelve people, depending on the case. Every single one of those people has to be convinced beyond a reasonable doubt that you are guilty. If even one person thinks you might be innocent, they cannot convict you.

How Jury Members Are Selected

Jurors are ordinary citizens who are summoned. This actually starts out from a selection of citizens who have filled out a questionnaire that qualifies them to serve on a jury.

When they are summoned, a process called voir dire takes place, where potential jurors are questioned by the attorneys and the judge. This helps determine which people will be truly impartial. If a potential juror personally knows someone involved with the case or has information about it, that person is usually excused.

Why Impartiality Matters

The impartiality of a jury is another reason you would want a jury trial over a bench trial. A jury is supposed to know only the evidence presented. Sometimes a judge will withhold evidence from a jury that was incorrectly obtained so it does not influence the decision. 

In a bench trial, the judge knows all the evidence, including the type that would not be presented before a jury. While the judge may try to disregard that evidence, it may be hard to do so.

The Importance of a Lawyer in Jury Trial

If you are charged with a crime, you will want an experienced attorney who has been through the process before and can help you navigate it. This includes selecting a jury and presenting your case before it. 

The lawyers at Brown, Bradshaw & Moffat have more than four decades of experience, and they can help you in whatever stage of the process you are in. Call (801) 532-5297 for a free consultation.

Sources:

uscourts.gov/services-forms/jury-service/learn-about-jury-service

More Articles

18 Ways A Criminal Conviction Could Affect Your Life (Other Than Jail or Fine)
If you are convicted of a crime, your sentence from the legal system might include a fine and/or jail time. However, most criminal convictions also have collateral consequences: punishments that aren’t necessarily given through the legal system as part of a sentence. For example, you could lose the ability to work in certain jobs or even operate a motor vehicle. Below are 18 examples to give you a better idea of what those consequences might be. If you want to learn more, the National Inventory of Collateral Consequences of Conviction is a helpful database that you can search to learn about both state and federal consequences.
Read More →
4 Things to Know About the Statute of Limitations in Utah
Knowing the laws around the statute of limitations in Utah can be crucial to your case. In Utah, even if the statute of limitations has passed on your case, you still have to bring that up as a defense in a timely manner for it to be considered. For example, if you enter a plea or go to trial without properly raising the statute of limitations defense, you might forfeit the right to raise this defense on appeal. For this reason and many others, it’s crucial for you to understand the statute of limitations laws in Utah. This post will give you a quick outline to help you understand the basics, but you should consult with one of our experienced lawyers to learn how the laws affect your personal case.
Read More →
law office in Utah
How to Talk to Your Child About Risky Decisions
Taking risks is part of life, but it’s important to help your child understand the difference between risks that can help her learn and grow and risks that lead to serious consequences. On top of that, many children struggle with impulse control, so they may take unhealthy risks because they “want to” without considering any of the consequences.
Read More →

Defend your case with the best criminal defense attorneys in Utah

Get a confidential case evaluation

Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.​ The use of this form for communication with our personnel does not establish an attorney-client relationship.