U.S. jury system - Part I

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1. Welcome to THIS IS AMERICA in VOA Special English. I'm Steve Ember. And I'm Barbara Klein. This week on our program, we take a look at the jury systemin the United States.

2. A listener in Ulaanbaatar, Mongolia, Batmunkh Buyantogtokh, wants to learn more about American juries. For that, we visit a courtroom that looks much like the ones in movies and TV shows like "Law & Order."

3. We are in the Superior Court of the District of Columbia. The D.C. Superior Court is the general trial court for the city of Washington.

4. This is the fourth day in the case of a man accused of assault with a deadly weapon. We could not bring in a recorder, but the courtroom is mostly quiet except for the lawyers, witnesses and judge talking.

5. To the judge's right, along the side of the courtroom, is an area where twelve people are seated. In the front row is a man with glasses who looks old enough to be retired. A woman dressed like a young professional sits behind him, listening as a witness is questioned.

6. A man also in his twenties or thirties rocks back in his seat. His hair is cut on both sides of his head; down the middle stands a mohawk. These three and the other nine people are the members of the jury.

7. Each day, thousands of Americans are called to serve on jury duty. The idea of citizens hearing legal arguments might date back to the ancient Greeks and Egyptians. But the modern trial by jury is a British tradition that colonists brought to North America centuries ago.

8. Laws on jury trials differ from state to state. But the United States Constitution guarantees the right to trial by jury. The Sixth Amendment establishes the right in all federal criminal cases. The Seventh Amendment gives the same right in civil cases that involve more than a small amount of money.

9. The American system has three kinds of juries. The most common one is the petit jury. "Petit" -- p-e-t-i-t – comes from the French word for small. Petit juries can have as few as five or six members or as many as twelve. Twelve is traditionally the number in a criminal case.

10. Often a jury trial will last only a day or two. But some go for weeks or even months. During a trial, lawyers for the opposing sides question the witnesses who testify. The lawyers also make opening andclosing statements to the jury. At the end, the judge makes a final statement to the jury. The judge explains the laws that govern the decision the jury is asked to make.

11. The jury then deliberates. The members meet in private, choose a leader and try to agree on a judgment. Most states require all the jurors in a criminal case to agree on the verdict.

12. Sometimes a jury is unable to reach a verdict. This is called a “hung” jury. The judge declares a “mistrial”. Prosecutors then have to decide whether to try the case again.

13. Juries decide questions of fact; judges decide questions of law. A judge may overrule a jury's decision in some situations, but that is unusual. Decisions by judges and juries can be appealed to higher courts.

14. Juries rarely decide sentences. An exception is when a jury is asked to recommend either execution or life in prison in murder cases punishable by death.

15. Under American law, a person is considered innocent until proven guilty. Also, there is constitutional protection against double jeopardy -- being put on trial twice for the same crime. In mistrials, though, prosecutors may retry a case until a jury reaches a verdict.

16. The verdict is either "guilty" or "not guilty." Jurors must find a defendant not guilty even if they are not completely sure the person is innocent of any crime. Jurors only need to have a "reasonable doubt" -- a reasonable question in their mind -- that the person is guilty as charged. This is true for criminal cases, but civil cases are different.

17. Individuals and organizations can bring a lawsuit in court if they believe they have suffered a civil wrong. Many lawsuits are settled without a trial. But if a trial is held, jurors are not required to decide "beyond a reasonable doubt." They must decide only that there is enough evidence to support the accusations.

18. The jury might also award damages. The money could be the amount requested by the plaintiff, the one bringing the action. Or it could be less. Or it could be more, if the jury wants to punish the losing party and set an example for others.