2004-5-9
(MUSIC)
VOICE ONE:
Welcome to THIS IS AMERICA, in VOA Special English. I'm Steve
Ember.
VOICE TWO:
And I'm Faith Lapidus. Today, we examine a British legal
tradition that settlers brought here centuries ago: trial by jury.
(MUSIC)
VOICE ONE:
The Sixth Amendment to the
Constitution establishes the right to a jury trial in all federal
criminal cases. The Seventh Amendment gives the same right in civil
cases that involve more than a small amount of money. States also
have their own laws that govern jury trials.
The United States has three kinds of juries. The most common is
called the petit jury. Petit juries decide both criminal and civil
cases. They can have as few as five or six members or as many as
twelve. Often a jury trial lasts only a day or two, but some can go
much longer.
During a trial, lawyers for opposing sides question people called
to give evidence. The lawyers also make opening and closing
statements to the jury.
VOICE TWO:
At the end, the judge makes a final statement to the jury. The
judge explains the laws that govern the decision the jury must make.
For example, in a criminal trial, the judge explains reasonable
doubt.
Under American law, a person is considered innocent until proven
guilty. Jurors do not have to be completely sure that the person is
innocent. They only need to have a reasonable question in their
mind. Unless they are sure the person is guilty as charged, they
must find the suspect not guilty.
Directions to juries are often full of legal language. California
and other states have been trying to make them easier to understand.
(MUSIC)
VOICE ONE:
Juries meet in private to reach a judgment. Most states require
all the jurors in a criminal case to agree on the verdict. A few
states now require only a majority vote.
When a jury cannot reach a
verdict, it is called a hung jury. There was a recent example in New
York. A jury failed to agree on criminal charges against two former
leaders of Tyco International, a manufacturing and service company.
Dennis Kozlowski served as chief executive. Mark Swartz was chief
financial officer. The two men were accused of stealing
six-hundred-million dollars from Tyco. Both pleaded not guilty.
VOICE TWO:
Eleven members of the jury believed the men were guilty of at
least some of the charges. The twelfth juror, however, disagreed.
She held to her opinion during days of argument with other jurors.
Finally, in early April, the judge declared a mistrial with a
hung jury. He blamed outside pressure on the juror. News media
usually do not report the names of jurors, at least until a trial
ends. However, this juror was said to have made an "O.K." sign with
her hand to lawyers for the defense.
The trial lasted six months. Another trial may take place, since
the first ended without a verdict.
VOICE ONE:
Individuals and organizations that believe they have suffered a
civil wrong can bring a lawsuit in court. This process is called
filing suit. Many lawsuits are settled out of court. If a trial is
held, jurors are not required to decide beyond a reasonable doubt,
like in a criminal case. They must decide only that there is enough
evidence to support the accusations. The jury might also award
thousands or millions of dollars in damages, if requested.
VOICE TWO:
Another kind of jury is the grand jury. As many as twenty-three
people may serve on one. The United States has two kinds of grand
juries. The charging grand jury decides if there is enough evidence
to bring someone to trial. If the jury decides there is enough, then
it indicts the person.
In April, a grand jury in California indicted Michael Jackson.
The entertainer faces charges of sexual crimes with a child. A petty
jury will have to decide the case at a trial.
The other kind of grand jury is called the investigatory grand
jury. Officials often call this kind of grand jury together in cases
of organized crime or wrongdoing by government officials. The jurors
are asked to approve efforts to gather evidence, often secretly.
VOICE ONE:
There was an interesting case a few years ago in the state of
Connecticut. A judge acted as a one-person jury to investigate the
death of a fifteen-year-old girl. Martha Moxley was killed in
nineteen-seventy-five.
The judge gathered evidence that
led to the trial of a man who had lived near the girl. The man was
also fifteen years old at the time of the killing. A petit jury
found him guilty and sentenced him to prison.
Finally, some investigations in the United States are heard by a
coroner's jury. A coroner is a local medical examiner. The coroner
usually calls six jurors to a hearing known as an inquest. An
inquest takes place when someone has died under suspicious or
unknown conditions. The jury is asked to decide the cause of death.
(MUSIC)
VOICE TWO:
Courts choose jurors from public records like lists of voters or
automobile drivers. People called to jury duty receive some
questions by mail. Are they American citizens? Do they understand
English? Do they have a mental or physical disability that would
interfere? Some people are excused for health or family reasons, or
because they cannot take time from work. But jury service is
considered a duty of citizenship.
A judge asks more questions once a jury is being chosen for a
trial. So do lawyers for both sides in the case. Many times, they
can reject people without the need to give a reason.
In some big cases, hundreds of people are called. Lawyers may use
jury experts to help them choose the ones who seem most sympathetic.
Some people say this is not fair.
VOICE ONE:
Jurors are not supposed to form opinions or know too much about a
case before the trial begins. But sometimes it is difficult to find
such people.
In California, a man named Scott Peterson has been charged with
the murder of his pregnant wife, Laci. Mister Peterson denies the
charges. It would be difficult to live in the United States and not
have heard or read about this case.
Lawyers for Mister Peterson asked to have the trial moved out of
the city where police believe the crime took place. The lawyers said
he would not be able to get a fair trial there. So earlier this year
a judge agreed to a move.
But on May third the head of the defense team requested another
change. He said it was still not possible to find enough people who
could be trusted to serve as fair-minded jurors.
VOICE TWO:
There are criticisms of the American jury system. Some involve
issues that divide Americans in general. One such issue is race. An
example often used is the case of O.J. Simpson, the former actor and
football player. Mister Simpson is black. He was charged in Los
Angeles with killing his former wife and a male friend of hers, both
white.
VOICE ONE:
In nineteen-ninety-five, a mainly African American jury found
O.J. Simpson not guilty of criminal charges. Later, a mainly white
jury ruled against him in a civil case brought by the families of
the victims. The jury ordered him to pay millions of dollars in
damages.
Public opinion research found that most white Americans believed
that the criminal jury freed a guilty man. Most black Americans
believed the civil jury punished an innocent man. Neither group
thought the other had acted out of a desire for justice.
Wealth is another issue for critics of the legal system. One
recent example involves Martha Stewart. In March a jury found the
businesswoman guilty of lying about her sale of shares in a company.
One of the jurors later said the verdict meant a defeat for the
rich and powerful. Commentators questioned whether the man had
decided that Martha Stewart was guilty before the trial began.
VOICE TWO:
Choosing average Americans to serve on juries is considered the
democratic way. But legal cases are increasingly complex. Many are
difficult for the average person to understand. Yet jurors may not
even be permitted to take notes as they listen to evidence.
Legal experts sometimes say that people who would make the best
jurors do not want to serve. Or, they are not wanted. Lawyers for
one side or the other might consider them too smart, and so more
difficult to influence.
Many people called to jury duty for the first time think it will
not be worth the trouble. Afterward, a common reaction is that they
enjoyed and learned from the experience. They say the jury system is
not perfect, but no one has yet to find a better way.
(MUSIC)
VOICE ONE:
Our program was written by Jerilyn Watson and produced by Caty
Weaver. I'm Steve Ember.
VOICE TWO:
And I'm Faith Lapidus. Join us again next week for This is
America, in VOA Special English.