People summoned to jury duty often try to get out of it. But jury duty is an important opportunity to show that we believe in the American system of democracy.
Serving on a jury is at the heart of what it means to be American. The right to a criminal jury trial is the only right that appears in both the original Constitution and the Bill of Rights. Thomas Jefferson cited deprivation of the right to a trial by jury in the Declaration of Independence as a justification for the Revolutionary War. And juries are the embodiment of democracy—12 citizens each have a vote, with the results deciding another citizen’s fate.
Seven ways to be a better juror the next time you’re summoned…
- Listen actively. Testimony might drag on for hours or days, and it might not always be interesting. Your mind is likely to wander if you see your role in this process as a passive one. Instead, take an active approach to listening—consider it your job to not just hear what’s said, but to evaluate the truth and importance of each statement. Doing this keeps your mind active and engaged.
- Weigh a witness’s credibility—but understand the challenges of doing so effectively. Psychologists have found that people tend to trust speakers who make strong eye contact and convey confidence and to doubt speakers who don’t. But these are not reliable gauges of honesty—poor eye contact and fidgeting could simply reflect a witness’s nervousness about public speaking. Rather than use a witness’s body language to judge his/her honesty, consider how well his testimony corresponds with other evidence and whether he has any incentive to lie.
Example: Many expert witnesses—so designated because they have qualifications sufficient to provide expert opinion—do an excellent job of conveying honesty with their eye contact and body language. They likely have testified many times and trained themselves to act in ways that jurors will interpret as honest. But consider which side is paying this expert’s fee when weighing the value of his/her testimony.
- Pay careful attention to the judge’s instructions to the jury. These instructions explain the laws that jurors must apply to the evidence they have just heard.
- Keep an open mind during jury deliberations. Despite the dramatic jury showdowns often depicted in books and movies, your primary goal as a juror during deliberations should not be to convince other jurors of your point of view. It’s better to remind yourself that there’s always some chance that your first impression of the case might not be correct. Listen to what other jurors have to say, then add your opinion.
- Be civil and respectful to your fellow jurors—and encourage other jurors to do the same. Jurors who treat one another this way are much more likely to reach wise verdicts. If one or more of your fellow jurors is dismissive or impolite to other jury members, try to steer the group back toward civility with comments such as, “Let’s hear him out—everyone’s opinion counts the same here” or “Let’s keep things polite—we all have to work together.”
- Draw out jurors who have trouble speaking up. If a fellow juror seems too meek to speak his mind, ask his opinion—he may have something valuable to add to the discussion.
- Volunteer to explain aspects of the case that other jurors don’t understand. One of the strengths of the jury system is that jurors have different knowledge and backgrounds. Share any knowledge you have that’s relevant to the case, and ask questions of jurors who might have useful knowledge that you lack.
