A jury determines the guilt or innocence of a defendant based on the evidence presented in a civil or criminal case. The trial jury (sometimes called a “petit” jury) is made up of 12 members selected from a pool of 20 individuals for a criminal (felony) case and seven members from a pool of 13 for a criminal (misdemeanor) case. In a civil case there are between five to seven jurors selected from the pool based on the amount of damages claimed.
The jury members decide questions of fact and weigh the credibility or reliability of physical evidence and witness testimony. When the judge instructs the jury on its duty, he informs the jury members of the relevant law that should be considered and applied to the case. The jury deliberates in private and discusses the evidence. When they are finished with their deliberations, the foreman selected by the group takes a vote. The verdict is reported to the court.
The jury’s verdict is based only on what is presented during the trial and not on previous knowledge about the case, news reports or discussions with family and friends.
In some cases the jury only determines the defendant’s guilt or innocence. The jury verdict must be unanimous. If the jury is unable to reach a unanimous verdict, the judge declares a mistrial and the defendant must be retried on the charges.
In other cases, the jury determines guilt or innocence and then determines the punishment for the offense. The punishment is established by statute.