One of the most important rights a criminal defendant has is the right to be tried by an impartial jury of his peers. In criminal cases in Florida, that means that a person who has been charged with a crime which is punishable by more than six months in jail can elect to go to trial with a jury of twelve regular people who have nothing to do with the case. If he so prefers, he can choose to have a bench trial, which is one where the judge decides if the prosecution has proved the defendant's guilt beyond a reasonable doubt.
The meaning of trial by a jury of one's peers has changed significantly during the history of the United States. For example, until relatively recently, many juries were all-white as a matter of course. Now, an attorney cannot strike a potential juror on the basis of his race. For example, a prosecutor trying to convict an African-American defendant might try to assure that all of the jurors were white, in an attempt to play up racial biases among the jurors. Now, an attorney who seeks to remove a potential juror can be questioned about his motives to ensure that no juror is struck on the basis of his race. The attorney must provide an adequate, non-racially motivated reason for wishing to strike the potential jury from the jury pool.
Jurors are selected from registered voters. Women did not get the right to vote in Florida until 1921 and they could not serve on juries. Beginning in 1949, women were permitted to volunteer for jury service. Surprisingly, the United States Supreme Court ruled that the law was constitutional in 1961, excluding women because they were perceived to be "the center of home and family life." The Florida legislature did not make jury service mandatory for women until 1967. The Supreme Court later reversed its decision.
The meaning of trial by a jury of one's peers has changed significantly during the history of the United States. For example, until relatively recently, many juries were all-white as a matter of course. Now, an attorney cannot strike a potential juror on the basis of his race. For example, a prosecutor trying to convict an African-American defendant might try to assure that all of the jurors were white, in an attempt to play up racial biases among the jurors. Now, an attorney who seeks to remove a potential juror can be questioned about his motives to ensure that no juror is struck on the basis of his race. The attorney must provide an adequate, non-racially motivated reason for wishing to strike the potential jury from the jury pool.
Jurors are selected from registered voters. Women did not get the right to vote in Florida until 1921 and they could not serve on juries. Beginning in 1949, women were permitted to volunteer for jury service. Surprisingly, the United States Supreme Court ruled that the law was constitutional in 1961, excluding women because they were perceived to be "the center of home and family life." The Florida legislature did not make jury service mandatory for women until 1967. The Supreme Court later reversed its decision.
