Supreme Court Dialogue: Jury Service

Discussion Questions

• Why do you think that judges consider jurors important partners in serving justice during a trial?
• In a trial, who decides questions of fact? Who decides questions of law?
• Which do you think are harder to determine – the facts or which law to apply in the case? Why?
• If you were charged with a crime, would you rather have a jury or a judge decide if you are innocent or guilty? Why?
• If you came to court with a civil case, would you rather have a jury or a judge decide the case, and why?
• Give a hypothetical example of a criminal case and a civil case and describe what factors would influence your choice of a jury or a judge in each situation.
• If you were involved in a criminal or a civil case, what personal characteristics would you want the jurors to have?
• Justice O'Connor talked about witnesses giving conflicting statements/testimony. Is it possible that witnesses are not telling the truth, even under oath? Is it possible that they may not be lying -- that they just see things differently?
• How do you think jurors decide whom to trust? How would you decide whom to trust?
• Justice Kennedy said judges respect juries because "jurors from the community know what's going on," which introduces a "democratic element" into the judicial process. What do you think he means by this, and do you agree or disagree with him?
• Jury service has been described as the most direct participation in democracy. Explain.
• Jury service can be inconvenient -- even a burden -- for many people. It can take them away from their jobs, friends, and family. Do you think the benefits of jury service to society are worth the inconvenience to individual jurors?
• Jurors are asked to keep an open mind. How should jurors conduct themselves during a trial to do that?
• Jurors are asked to come to a unanimous decision. How should jurors conduct themselves during jury deliberations to be sure that all opinions are heard and considered?
• Can jurors change their mind during a trial? During jury deliberations? Should they?
• What do you think would be the most difficult part of being a juror?
• What would you do if you were the only juror who took a different position than the others?
• What do you think would be the most rewarding part of being a juror?
• Do you know anyone who has served on a jury? What did that person say about it?
• Do you want to serve on a jury? Why or why not?

Background Questions

• What are the qualifications for jury service?
• How do citizens get into the jury pool to be called for jury service?
• How are jurors who wait in the jury assembly room but are never called also helping the judicial process?
• How are jurors selected to serve on a particular case?
• For some people, English is their second language or they haven’t mastered English, can they still serve on a jury if they meet all of the other qualifications? What accommodations are made for them?