Jury duty is the obligation to serve as impartial decision-makers in court proceedings for eligible US citizens. The word "jury" derives from the Latin jurare (to swear), and the practice is rooted in the English common law system and codified in the Fifth, Sixth, and Seventh Amendments to the US Constitution.
To be eligible, a citizen must be at least 18 years old, proficient in English, and free of disqualifying criminal convictions or pending felony charges. When summoned, prospective jurors report to court, where attorneys and the judge conduct voir dire—a French phrase meaning "to speak the truth"—questioning candidates about potential biases. Attorneys may dismiss unlimited jurors for demonstrable bias and a limited number for no stated reason.
Two distinct jury types exist in the American legal system. The petit (trial) jury hears evidence, receives legal instructions from the judge, and deliberates toward a verdict—though, in practice, fewer than 2% of federal criminal cases ever go to trial, and the rate is even lower in most state courts.
A grand jury, by contrast, does not determine guilt, but decides whether prosecutors have sufficient evidence to formally charge someone with a crime. A grand jury is required in all federal cases involving serious crimes under the Fifth Amendment, but its use varies from state to state. As of 2023, an estimated 14.4% of Americans were summoned for jury duty annually, with approximately 11 million people reporting for service.
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The National Center for State Courts' interactive dashboard lets users compare jury operations across all 50 states, including eligibility exemptions, qualification procedures, and the number of peremptory challenges—the limited strikes attorneys can use to dismiss jurors without explanation—allowed in each trial.
In fiscal year 2022, nearly 90% of federal defendants pleaded guilty, and another 8% had their cases dismissed. This means just 2% went to trial at all, making a trial by jury a rare outcome in the modern federal court system.
Federal jurors must be US citizens, at least 18 years old, proficient in English, and free of felony convictions. Active-duty military, full-time police and firefighters, and certain public officials are fully exempt from service.
King Henry II established a jury of 12 local knights to settle land disputes in the 12th century, and his judges developed national laws common to everyone. American courts inherited this "common law" tradition directly from the English system.
Courts randomly draw prospective jurors from these sources, then mail qualification questionnaires. Those who qualify may be summoned for voir dire, where judges and attorneys question candidates before seating a final jury.
When jurors disagree with a law, they can simply vote to acquit regardless of the evidence; however, this practice is rare, and the legal system actively discourages it. This podcast traces its history from a Quaker prayer meeting in London to the LA riots.
State court juror pay ranges from nothing in Illinois and South Carolina to $50 per day in six states, with a national average of around $22 per day. Only eight states and DC require employers to provide paid time off during jury service.
As of 2024, 41 states offer age-based exemptions from state jury duty, with opt-out ages ranging from 65 in Mississippi and South Carolina to 80 in five states. None of these exemptions applies to federal court.
Meaning "to speak the truth" in French, voir dire is the questioning of prospective jurors by a judge or attorney to assess their impartiality and suitability for service. Those deemed unfit are excused before a final jury is seated.
While it is widely known for the right against self-incrimination, the Fifth Amendment also protects against being charged for the same crime twice, requires grand jury indictments for serious crimes, and mandates compensation when the government takes private property for public use.
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