Jacob Shellabarger

The moments when a jury returns to the courtroom with its verdict are some of the most tense, exciting and scary moments in American society. In a criminal trial, a jury, made up of 12 citizens from across our county, sit and hear the evidence and testimony, and make a decision using the law the judge tells them to apply to those facts. The process behind preparing a case for trial, and the logistics of making a trial happen, are the topic in this month’s Opening Statement column.

Missouri’s trial jurors are chosen by the circuit clerk in each county from a variety of sources, including voter registration and driver’s license information. Each voter is assigned a number, and a computer randomly chooses large pools (lists) of potential jury members, who are mailed notice that they are subject to jury service during a specific period of time – usually about four months. These large groups of potential jurors must fill out questionnaires and return them to the court, providing basic information about their background. This selection process helps to make sure that jurors represent a cross section of the community, without regard to race, gender, national origin, age or political affiliation.

These citizens are on notice that they could be called during that period of time to serve as a trial juror. These large groups of approximately 500 jurors form the basis of the smaller trial panels. For individual trials, the clerk’s office computers randomly select again, choosing 60 to 100 potential trial jurors from the larger group. This process is at random – and follows state courts processes and procedures.

On the trial date, the court calls the case for hearing, and the lawyers for the state and the defendant argue any pre-trial motions. The defendant is present in the courtroom. Court bailiffs from the sheriff’s office welcome jurors to the courthouse, and they gather in a large room separate from the pretrial matters occurring in the courtroom. This group of 60 to 100 potential trial jurors is kept together, away from the courtroom and the public, to limit their ability to interact with either side in the case.

The case begins with the judge reading a set of instructions to the jury, and occasionally, asking some preliminary questions. Then, lawyers for each side may ask the group questions. In a criminal case, the prosecution goes first, asking questions for a period of time, and is then followed by the defense attorney. Potential jurors swear an oath that they will tell the truth, the whole truth, and nothing but the truth during the jury selection process. These questions can take some time to answer.

Although questions to potential jurors may seem intrusive, they are designed for the parties and court to determine which jurors may be suited, or not well suited, to hear a particular case. Parties listen intently to potential jurors’ answers, looking for insights about the person’s attitude, ability to think critically and make a decision in a group.

In a criminal case, sometimes family members, friends, or community members with strong opinions of guilt or innocence are called to be potential jurors. Through attorney questioning, and through honest answers, some jurors indicate they can’t be fair or impartial. That’s a normal part of the process – each case is unique, and because one case may not be suited for a particular person, they may still serve as a juror in a different case. Being excused from one case as a potential juror is not a fault, and doesn’t disqualify a juror from every case – just the one at that time.

Jury selection continues with questions concerning media coverage of the offenses, if any, and a discussion of whether anyone has knowledge of the people, evidence, places or events involved in a case. Sometimes, cases of a particular type may be too difficult for some to hear, given their past experiences. In a burglary case, for example, a victim of a burglary may not be able to be fair to both sides given their personal experience with a burglary. That same juror may, in a different case, be able to consider all sides. Attorneys ask questions to determine and explore biases and other reasons for excusing jurors.

Attorneys ask questions to explore jurors’ opinions that may affect how they view the case. At the conclusion of questioning, each side speaks with the judge to determine which jurors will serve on the case. Jurors who have expressed they cannot be fair and impartial may be excused for cause, and each side has multiple opportunities to remove other jurors from the panel as determined by the judge’s ruling on applicable Missouri law.

Twelve jurors are seated to hear the case, and they are instructed specifically by the judge on the law in the case. The judge tells them to carefully consider the facts and evidence including testimony, any exhibits or other evidence like videos, lab reports and physical items. At the end of the trial, the judge instructs the jury on the questions they must decide, but the jurors alone are responsible for determining which facts are true and apply them to the law.

Serving as a juror to decide a civil or criminal case is a big responsibility, but one that each citizen should respect and hold in high regard. Jury service gives our community a voice in determining whether crimes were committed, and whether the state has proven the defendant guilty of that crime beyond a reasonable doubt. All members of the jury in a criminal case must agree to find the defendant guilty, known as a unanimous verdict. Jurors who find a defendant guilty are firmly convinced that the defendant committed the crime, based on the law that the judge gives the jury in a set of written instructions.

Jury trials are a key feature of our justice system, and important to protect both individuals rights and our freedoms to live in a society of laws. Being called to jury service is a serious and important role for any citizen, and vital to keeping our community safe and free while protecting the rights of those accused.