Understanding Trial by Jury

How is jury duty both a right and responsibility of citizenship? Students will explore the American jury system through founding documents and modern materials prepared for jurors today.

Corresponding Student Center Pages

The Judge and The Jury

Suggested Time Needed

2-3 class periods

• Materials
• Objectives & Standards
• Procedure

• United States Constitution
  • Part 1 = Textbook pages or copies of the U.S. Constitution, including the Bill of Rights
  • Part 2 = Trial Jury Handbook.pdf file, Jury Duty Worksheet, Teacher Answer Guide

   

• After completing this activity, students will:

  • Have a deeper understanding of jury duty as a right and responsibility of American citizenship.
  • Be able to identify the mention of the jury in the founding documents.
  • Use online and print resources to prepare for jury duty as an actual juror would.
  • Compare and contrast the different types of jurors and the different types of cases.
  • Evaluate how a fair and impartial jury is selected from the pool of potential jurors.

   

  Guiding Questions

  • What is a jury?
  • Where is it found in the Constitution?
  • How is it both a right and a responsibility of American citizenship?
  • What is the job of a juror?
  • How do criminal and civil trials compare?
  • How is a fair and representative jury selected for a trial?
  • What rules ensure the jury comes to a fair and correct verdict?

   

  Missouri Grade Level and Course Level Expectations

  6-8

  • 6-8.AH.1.GS.A – Analyze laws, policies and processes to determine how governmental systems affect individuals and groups in society in American History prior to c. 1870.
  • 6-8.WH.1.GS.A – Analyze laws, policies, and processes to determine how governmental systems affect individuals and groups in society in world history prior to c. 1450.
  • 6-8.AH.3.GS.E – Apply the principles of rule of law, representation, separation of powers, checks and balances, and federalism to explain the purposes and functions of the Constitution.

  9-12

  • 9-12.GV.1.GS.A – Analyze laws, policies, and processes to determine how governmental systems affect individuals and groups in society.
  • 9-12.GV.3.GS.A – Apply the concepts of due process of law, popular sovereignty, rule of law, representation, and federalism to explain the purpose and legacy of the Constitution.
  • 9-12.GV.3.GS.F – Compare the structure and functions of local, state, and federal governments

• Part 1 – Trial by Jury

  1. Ask students to take out a blank sheet of paper and list 5 rights guaranteed to U.S. citizens. After a few minutes, ask for volunteers and list examples on the board.

   

  2. Call attention to the right to trial by jury, if it was mentioned. If it was not mentioned, instruct students to look over the Bill of Rights, to see if there are any rights they missed on their list.  Direct them to Amendments 6 & 7.

   

  3. Add these to your list on the board –
  • • “the right to trial by an impartial jury (criminal),”
    • “the right of trial by jury (common law=civil).”

   

  4. After you’ve written the rights listed in a & b above, discuss the information in bold below, to help students understand the difference between the terms “criminal” and “civil.”
  • • “the right to trial by an impartial jury (criminal),” – Group of people selected to listen to evidence in a criminal case, and decide guilt or innocence of the accused person. Requires 12-person, unanimous verdict. 
    • “the right of trial by jury (common law=civil).” – Group of people selected to listen to evidence in a dispute between two parties, i.e., when a person sues another person or company for damages. The jury decides if one party damaged the other, and by how much.  Can be from 6-12 people, requires a unanimous verdict.

   

  5. Explain that they should now list 3 duties required of U.S. citizens. After a few minutes, ask for volunteers and list examples on the board.

   

  6. Call attention to jury duty, if it was mentioned. If it was not mentioned, ask students to explain how the government can guarantee everyone’s rights, so that all trials have a jury of citizens?

   

  7. Add to your list of duties on the board – “the duty to serve on a jury if called.”

   

  8. Instruct students to write one or two sentences on their paper, discussing how the word jury can mean a right of citizenship and also a responsibility of citizenship, and explaining how the two are related. This could be expanded to an essay assignment at the teacher’s preference.

   

  9. Using the text of the U.S. Constitution, discuss the following with students:
  • • Having these important, life-changing decisions made by everyday, average citizens, rather than by the government alone, was very important to the founding fathers. Ask students why they think this is such an important right.
    • So important, in fact, that it is written into the Constitution itself, and reinforced with the Amendments discussed above.
      • Review the purpose of the U.S. Constitution: Articles I, II, & III established our 3 branches of government.
      • Look closely at Article III: Article III establishes the Judicial Branch, the courts and judges, jurisdiction of the federal courts, and guarantees trial by jury for criminal cases.  It also defines treason.
      • Review the purpose of the Bill of Rights: The purpose of the Bill of Rights is to protect the rights of individuals against the powers of the government, as was discussed earlier. (Amendments 6 & 7 guarantee the right to trial by jury).So important, in fact, that it is written into the Constitution itself, and reinforced with the Amendments discussed above.

   

  10. Ask students if they think the founding fathers of our country made up the idea of jury trials on their own. Was it a brand new idea?  The answer is no, not at all.  They borrowed this idea, which had existed long before colonists came to this continent.

   

  11. Briefly mention the following points, and outline a timeline on the board. At the teacher’s discretion, students can be divided into research groups on each, to report back at a later time.
      • The original “people’s court” took place in ancient Greece, where you would present your case to a theater filled with 500 adult male citizens.
      • Juries were sometimes used to settle disputes in the Roman Republic.
      • Trial by jury was guaranteed to English citizens by the Magna Carta in 1215, and again by the English Bill of Rights in 1689.
      • The colonists brought the idea of jury trials with them to this continent.  Being deprived of trial by jury was one of the complaints against England in the Declaration of Independence.  (and one of the reasons for fighting the Revolutionary War!)
      • Founding father Thomas Jefferson said, in 1789, “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

   

  12. Concluding discussion: Ask students to vote on the following issue, by a show of hands.  If you are being sued for damages, or if you’ve been accused of a crime, whom would you rather have judging the evidence for truth – a judge only or a jury of people just like themselves?  Discuss their responses, being sure to include the concept of fairness.

   

  13. Assign the following for homework. Tell students to talk to one adult (such as a teacher, parent, guardian, other relative) and ask the following questions.  You can print on a worksheet if you’d like, or just have students write the questions down.  Plan to discuss their results in a future class.
      • Have you ever served jury duty?
      • What went through your mind when you received your summons in the mail?
      • Were you questioned by the attorneys who were selecting jurors? If so, can you tell me some of the questions you were asked?
      • Did you get picked to serve on the jury? If so, what was it like?
      • How did this experience affect how you feel about the jury system?
      • Do you think the jury system is important to the judicial process in America? Why or why not?

   

  14. OPTIONAL EXTENSIONS:
      • Play this 6-minute podcast aloud in class, and ask students to take notes. It could also be assigned as homework for students. This is audio only, there is no video. Court Shorts: Trial by Jury
      • Instruct students to visit and explore the Judicial Learning Center’s web page on The Judge and The Jury
      • Assign students to research trials, with or without juries, in other countries today.

   

  Part 2 – Serving Jury Duty

  1. Ask students a few questions about the previous lesson, such as “Why is the right to trial by jury so important?” and “How is jury duty both a right and a responsibility of citizenship?” Ask for volunteers to share the responses they gathered on the homework assignment.

   

  2. Ask students to imagine they’ve been called to jury duty. Explain that a jury summons will direct citizens called to jury duty to visit the court’s website.  There, they can get the information they need about their upcoming service.

   

  3. Pass out and assign the Jury Duty Worksheet. At the teacher’s discretion, students can be assigned to work in groups or as individuals.

   

  4. Direct students to visit the court’s website at moed.uscourts.gov, and click the “Jury Service” tab at the top of the page. There they should find and read the letter to jurors from the Chief District Judge.

   

  5. After reading the letter, they should click “Jury Handbooks” on the left-hand column, then select “Trial Jury.” This will open a pdf file they should use to complete the Jury Duty Worksheet.  If internet access is not available, the pdf file can be downloaded and saved or printed.

   

  6. If some groups finish early, they can explore the other resources for jurors on this page, including:
  • • Click “Juror FAQs” on the left-hand column, then select individual questions, or scroll down to read them all.
    • Click “U.S. Courts National Website” on the left-hand column. This will open up the national page with jury duty information.
  7. When all groups are finished, discuss the answers to the Jury Duty Worksheet. Place special emphasis on the importance of selecting a jury that will be fair and impartial to all parties.  Explain that the court staff, judges, and attorneys all work hard during questioning, to ensure everyone has a right to a fair trial.

   

  8. If possible, instruct students to navigate to the U.S. Courts website to watch the 5 minute video Court Shorts: Jury Service. To get there, they should click “U.S. Courts National Website” on the left-hand column.  This will open up the national page with jury duty information.  When they scroll down, they will see a video screen that says “Court Shorts: Jury Service” with an arrow to play.  As an alternative, this could be shown to the group back in the classroom.  Students should take notes while watching the video.

   

  9. OPTIONAL EXTENSION:Assign students to research information about jury duty at their local state court, and compare and contrast this information with what they’ve just learned about federal jury duty. Below are the links for two state courts in Missouri.
     • 22^nd Judicial Circuit in Missouri (St. Louis City) Jury Duty
     • 21^st Judicial Circuit in Missouri (St. Louis County) Jury Duty – 21st Judicial Circuit

   

  10. Review the Guiding Questions
  • What is a jury?
  • Where is it found in the Constitution?
  • How is it both a right and a responsibility of American citizenship?
  • What is the job of a juror?
  • How do criminal and civil trials compare?
  • How is a fair and representative jury selected for a trial?
  • What rules ensure the jury comes to a fair and correct verdict?