Millions of Americans are called each year to report for jury duty. Those who are selected to serve on a jury in a criminal trial have an important job to do. Jurors listen to the evidence, determine which facts are true, and decide whether the defendant is “guilty” or “not guilty.”
The time when jurors talk to each other about the case is called jury deliberations. The judge in a criminal case tells the jury what the law is and offers suggestions for how jurors should interact but they are free to deliberate how they want. Here’s a peek at what happens behind the closed door of the jury room.
A Juror’s Role in a Criminal Trial
In the United States, jurors don’t have to have any special skills or legal knowledge to serve on a jury. The purpose of the jury system is to bring ordinary citizens into the criminal justice system to decide the fate of their peers.
Jurors have a duty to:
- follow the judge’s instructions about the law
- listen carefully to the evidence
- decide which facts are true, and
- apply the law to the facts to try to reach a verdict.
Jurors are typically free to come and go when the court isn’t in session. In exceptional cases, a judge may sequester the jury, which means jurors won’t go home at night. Instead, they’ll stay at a local hotel under the court’s protection.
What Does "Jury Deliberation" Mean?
After listening to the evidence and the judge’s instructions on the law, jurors are taken to a jury deliberation room. The room must be quiet, comfortable, and private.
"Jury deliberation" is the legal term for jurors talking about the case and trying to reach a decision. Judges don’t set rigid rules for deliberation, but they typically encourage jurors to:
- keep an open mind
- keep the deliberations focused on the evidence and the law
- respect each other’s opinions, and
- don’t rush into a verdict.
Deliberations can’t begin until all jurors are present, and they cannot continue if a juror leaves the room. Jury deliberations are confidential.
What Do Jurors Talk About During Deliberations?
Jurors aren’t allowed to talk about the case with anyone, including each other, until they start deliberations. It’s not uncommon for jurors to start deliberations by sharing their feelings and general impressions about the case. The next step is to sort out how they want to structure deliberations and handle voting.
Jury Instructions
Throughout the trial, the judge instructs the jury on the law. The judge’s instructions should guide the jury’s deliberations. The judge reads the instructions to the jury. In some states, juries might be able to get a written copy of the instructions.
The judge’s instructions define the charges (for example, robbery) and list each element that the prosecution has to prove. Jurors focus their deliberations on whether there is enough evidence—witness testimony and exhibits—to prove each element of the charges.
Witnesses
During every criminal trial, the jury hears witness testimony. Jurors must judge the credibility (believability) of each witness. Jurors can believe all, part, or none of any witness’s testimony. Jurors are instructed to judge the testimony of each witness by the same standards, setting aside any bias or prejudice they may have.
If jurors disagree about what a witness said during the trial, the presiding juror can ask to have the testimony read back to the jury.
Exhibits
Exhibits are items received into evidence during the trial. Exhibits often include photographs, video recordings, paper records, maps, and sketches. Jurors can ask for and receive most exhibits, though judges may choose not to send items like drugs, weapons, and bloody clothes into the jury room for safety reasons.
Attorneys’ Arguments
At the start of the trial, the prosecuting attorney and the defendant’s attorney are allowed to give opening statements. Opening statements are an overview of what the attorneys think the evidence will show. At the end of the case, the attorneys give their final arguments. Nothing the attorneys say is evidence. Jurors must base their verdict on the law and the evidence, not the attorneys’ arguments. Arguments can help jurors fit the different pieces of evidence together and persuade them to vote “guilty” or “not guilty.”
Voting
At some point during deliberations, jurors vote. Again, there are no set rules on how or when to take a vote. Some juries vote by a show of hands, others by a written ballot. In a criminal case, all jurors must agree on the verdict. Jurors have an obligation to reach a verdict whenever possible. If they can’t reach a unanimous verdict after several votes, the presiding jury can ask the judge for advice on how to move forward.
How Long Can a Jury Deliberate?
Once a case is in the hands of the jury, it’s up to the jury to decide how long to deliberate. Criminal juries can take hours, days, or weeks to either acquit or convict.
Shortest Jury Deliberation
According to the Guinness Book of World Records, the shortest jury deliberation ever is one minute. On July 22, 2004, a New Zealand jury took one minute to acquit a defendant charged with cultivating cannabis plants. The jury left to consider the verdict at 3:28 pm and returned at 3:29 pm.
Longest Jury Deliberation
According to the Guinness Book of World Records, the longest jury deliberation ever is four and a half months. In 1992, a civil jury in California deliberated for four and a half months before returning a $22.5 million verdict in favor of a woman and her son who sued the City of Long Beach for preventing them from opening a chain of residential homes for Alzheimer’s patients.
One of the longest deliberations in a criminal trial took place in Oakland in 2003. Three police officers, who called themselves "the Riders," were charged with various civil rights violations, such as planting drugs on innocent people and writing false police reports. The jury deliberated for four months before finding the officers not guilty of eight counts and deadlocking (failing to reach a verdict) on the remaining 27 charges.
Average Deliberation Time
Jury deliberations can last for minutes, hours, days, weeks, or even months. Factors that can influence the length of deliberations include the seriousness of the charges, the number of witnesses and exhibits, and the personalities of the jurors.
Examples of jury deliberation times include:
- A California jury deliberated for four hours before finding O.J. Simpson not guilty of the murders of Nicole Brown Simpson and Ronald Goldman.
- A Wisconsin jury deliberated for 27 hours before finding Kyle Rittenhouse not guilty of first-degree intentional homicide, among other felony charges.
- A Connecticut jury deliberated for just six minutes before finding Markease Hill guilty on all four counts in a double-murder trial. Hill’s attorney said it was the fastest verdict he had ever seen in 25 years of criminal trials.
- A California jury deliberated for over 50 hours before finding Elizabeth Holmes guilty of three counts of wire fraud and one count of conspiracy to commit wire fraud. The jury found her not guilty of four other charges and deadlocked on the remaining three.
What Can the Jury Bring Into the Jury Room?
Judges have broad discretion when it comes to allowing the jury to bring or have items in the deliberation room. In some states, like California, jurors are allowed to take notes during the trial and use their notes in the jury deliberation room. Other states leave it up to the judge to decide whether jurors can take and use notes.
Jurors are typically allowed to bring cell phones and other electronic devices into the courthouse and jury deliberation room, but they aren’t allowed to use them. Jurors are supposed to listen closely to each other and focus only on the evidence and the judge’s instructions during deliberations.
When the Jury Asks for Help
Juries occasionally ask for more information to help them in their deliberations. For example, they might ask that certain testimony be re-read or ask a question about the law. They may also ask for instructions on a point not already covered by the judge’s instructions.
Some courts require these requests to be in writing. It might take a while for the judge to respond to a jury’s request for more information. The judge typically has to bring everyone back to the courtroom and give both sides the opportunity to state their views on the request. The judge ultimately decides whether to grant the jury’s request in a way that is fair to both sides. For example, the judge may grant a request for a readback of certain testimony but also direct that the surrounding testimony be included too, in order to give the requested part more context.
Reaching a Verdict
After discussing the evidence, the jurors have a duty to do their best to reach a verdict without compromising their own honest convictions. If the jury is able to reach a verdict, the presiding juror is responsible for filling out the verdict form and letting the judge know. The judge will get the attorneys and defendant back to court to hear the reading of the verdict.
Dealing With Deadlock
Sometimes even the most conscientious jury cannot reach a verdict. When the presiding juror reports that the jury is “hopelessly deadlocked,” the judge has a choice: Declare a mistrial (setting the stage for another trial) or admonish the jury to go back and keep trying. Hoping to salvage the case and avoid another trial, judges almost always ask the jury to keep trying, at least once. The judge has to encourage cooperation and open-mindedness without coercing the jury.
Here is an example of a jury instruction a judge might give to a deadlocked jury:
" As jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a unanimous verdict if each of you can do so without violating your individual judgment and conscience. Each of you must decide the case for yourself, but only after you consider the evidence impartially with your fellow jurors. During your deliberations, you should not hesitate to reexamine your own views and change your opinion if you become persuaded that it is wrong. You should not, however, change an honest belief as to the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the mere purpose of returning a verdict.
I also remind you that, in your deliberations, you are to consider the instructions that I have given you as a whole. You should not single out any part of any instruction, including this one, and ignore others. They are all equally important.
What I have just said is not meant to rush you or pressure you into agreeing on a verdict. Take as much time as you need to discuss things. There is no hurry.
I ask that you now return to the jury room and continue your deliberations with these additional comments in mind."
After the Trial
After the jury has reached a verdict or the judge has declared a mistrial, the jury is dismissed and the trial is over. Jurors are free to talk about the trial and their deliberations with anyone. Sometimes the attorneys want to chat with jurors for feedback. In high-profile cases, journalists might try to contact jurors. But jurors never have to tell anyone what happened in the jury room or explain their reasons for voting “guilty” or “not guilty.”