● Civil cases are disputes between private individuals, corporations, governments,
government agencies, or other organizations. Usually, the party that brings the suit (the
plaintiff) asks for money damages for some wrong alleged to have been done by the defendant.
● Criminal cases are brought by the State against one or more people accused of
committing a crime(s). The person accused of the crime is the defendant. The State must
prove “beyond a reasonable doubt” that the defendant committed the alleged crime(s).
Length of trial.

Most trials last one to two days. But a trial can last up to several weeks, and on rare occasions,
several months, depending on its complexity. The judge will tell you at the beginning of the trial
how long it is likely to last.

If a trial lasts more than one day:

● Before you leave for the day, the judge will tell you what to do the next day, including
when and where to report. Be on time – the case cannot resume until all jurors are present and seated.
● In virtually all cases in Maryland, you will be allowed to go home for the evening.
● During jury selection, you will have a chance to tell the judge whether you can
accommodate the requirements of a multi-day trial.

In a very rare case, a court may consider having a “sequestered.”

In the US, a judge can overturn a jury verdict in a criminal case, but only to overturn a jury verdict of guilty, by either granting a motion for a new trial.

The judge overturns when he/she feels that there simply was no legal basis for the jury to reach the verdict it did. In a civil case, the judge can decide either way.

How are Jurors selected?

Jury selection generally follows these steps:

First, the judge greets you, tells you about the case, and introduces the lawyers and others involved in the case. You take an oath, promising to answer all questions truthfully.

Second, you and the other prospective jurors are asked questions.

● These questions tell the judge and lawyers if you have any knowledge of the case, a personal interest in the outcome, or any interest in the case that might make it hard to be impartial. So even if they seem personal, they are not asked to embarrass you. Please answer the questions completely and honestly.
● If you are uncomfortable answering a question, tell the judge, and you may be allowed to give your response in front of the judge and out of the hearing of other jurors.
● This process was traditionally known as “voir dire”, a French expression, meaning “to see, to say”.
● If you believe that there is some reason why you cannot serve as a juror in the case, and you do not state it during the questions, bring it to the attention of the judge before the end of jury selection.

Third, based on the questions and answers, the judge and the lawyers will determine who will serve on the jury.

● Some people will be removed (or “challenged”) and will not sit on the jury.

There are two kinds of challenges: challenges for cause and peremptory
challenges.

● Challenge “for cause” happens when the judge concludes that there is reason to believe that a prospective juror might not be able to evaluate the case fairly.
● Examples of reasons for a challenge for cause: being a relative or close friend of a party (or attorney) in the case when this relationship would hinder the prospective juror’s ability to reach a decision based solely on the evidence, or hearing about the case through an outside source (such as the newspaper or television) to the point where rendering a fair and
impartial determination would be impossible.
● Each side is allowed to remove a certain number of prospective jurors without having a reason for doing so. These are “peremptory challenges”.
● Please do not be offended if you are challenged. This is not personal, and your integrity and honesty are not in question. In fact, you may be selected to serve as a juror on another case.
● The people who will sit (or “be impaneled”) as the jury in the case, including any alternates, are called from the qualified jurors who remain after all the challenges are completed.

Fourth, the jury is sworn in and the case can begin.

● If you are not selected for the jury, you will either be dismissed by the judge (and can leave for the day) or be instructed by the judge to return to the jury assembly area.

Replacing a Removed Juror

When juries are first selected, the judge may appoint one or more alternate jurors who will attend the trial and be ready to step in if needed. In cases where alternate jurors are available, judges may then call on an alternate to replace a regular juror who’s been removed.

Some states don’t allow the substitution of a juror once the jury has started deliberating the case. Even where it’s allowed, courts generally won’t approve a replacement at this stage unless the judge took adequate steps to ensure that the jury’s ultimate verdict would still be fair. When making that decision, courts will consider several factors, including:

• • • how long the jury had been deliberating before the juror was removed
    • how complex and long the trial was
    • whether the judge had instructed the alternate jurors to avoid news and other outside information about the trial, and
    • after the alternate is appointed, whether the judge told the jury to start anew with its deliberations.

Can jurors be removed to avoid a hung jury?

Yes. Jurors may be removed if they’ve obviously made up their minds ahead of time and simply refuse to engage in jury deliberations—but not because they seem to be relying on faulty logic during deliberations, or they disagree with the rest of the jury about what the evidence shows or how the law should be applied. Prosecutors sometimes excuse potential jurors for what appear to be discriminatory reasons.

Jurors could be removed if they don’t follow important instructions from the judge, such as not using cell phones during trial proceedings, avoiding media coverage of the case, or not bringing outside information into the jury room. Absence from the courtroom.

Also, if the attorney asks the court to dismiss a prospective juror “for cause”, it means that the individual has expressed a bias and is not suitable to decide the case (for example, the juror may have stated that… based on religious reasons…she can’t pass judgment on the defendant).

When Smaller Juries Are Allowed

If no alternate jurors are available, the defendant and the prosecutor may agree to continue the trial with a smaller jury.

Even without the defendant’s agreement, the judge may proceed with a reduced jury if it’s allowed in that jurisdiction. Not all states require a jury of 12 for all crimes. And although 12-member juries are required for federal crimes, judges in district courts may allow a jury of 11 people to return a verdict if it has found it necessary to excuse a juror after the start of deliberations (Fed. Rules Crim. Proc., rule 23(b) (2019)).

When a Mistrial is Required After Juror Removal

After removing a juror, the judge may grant a motion for a mistrial. However, judges are generally loathed to declare a mistrial, which stops the trial without a verdict and may lead 2the prosecutor to seek a new trial. Still, if no alternate jurors are available and continuing with a smaller jury isn’t a legal option, the judge must declare a mistrial.