The juror's role during a trial
Citizens who are selected to sit on a jury will hear either a criminal or civil case.
In a criminal case, a defendant is charged with a violation of criminal law and has pled "not guilty." The jury then hears all the evidence and decides whether the person is guilty "beyond a reasonable doubt." A civil case is one where a person or group of persons, such as a corporation, sues another for reasons that include personal injury, damage to property or failure to complete a contract. The burden of proof is by a "preponderance," or greater weight, of the evidence.
Events in a trial usually happen in a particular order: opening statements by the attorneys, presentation of the evidence including testimony and exhibits, closing arguments, jury deliberations in a separate room, and finally, the announcement of the verdict. Once the verdict is announced, the judge will excuse the jurors.
During the trial, jurors are expected to listen attentively and take notes if they wish. On some occasions, a jury will be "sequestered," meaning that they must remain with the court without any outside contact. The court provides meals, lodging and will even retrieve the juror's personal items from his or her home.
Jurors themselves are prohibited from asking questions of the witnesses or conduct their own independent investigations. Jurors who violate this rule run the risk of causing a mistrial. They cannot discuss the case with anyone until deliberations have ended. This includes family members, lawyers, witnesses, the media and even fellow jurors.
The delay or absence of even one juror can delay the trial. If you are unable to report, or are delayed, you should inform the court staff as soon as possible.
Every trial is different. Depending on the circumstances, the trial may last from a few days to several weeks or months. The judge will inform members of the jury how long he or she anticipates that the trial will last.
As a juror, you should be aware that there are often delays in the proceedings. For example, a judge may take time to look up the law on a point that has been made. Therefore, it is advisable to bring in reading materials.
Each county is required to pay citizens a fixed amount for each day they report for jury duty. In addition, the county must pay reasonable travel expenses and actual cost of daycare incurred by the juror during his or her service on jury duty.
Finally, jurors must be free to make their decisions without fear of criticism or retaliation. The court will protect jurors both during and, if necessary, after the trial. If you have reason to believe that your safety is in danger, you should promptly inform the court personnel or judge.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.