We should never take for granted the importance of jurors in our American justice system. Preserving the right to trial by a jury of our peers was one of the important reasons why our nation was founded. Back in those days, colonists charged with crimes had to sail back across the Atlantic Ocean and stand trial in England. They were not allowed to resolve their disputes on American soil with fellow colonists sitting in judgment. 

The right to trial by a jury is guaranteed in two amendments in the Bill of Rights to our United States Constitution. In criminal cases, the Sixth Amendment guarantees defendants’ right to a public trial before an impartial jury. The Seventh Amendment guarantees the right to a jury trial for certain civil cases under federal law. Most states – including Missouri – have also adopted state constitutional provisions guaranteeing jury trials for certain civil cases. 

Historically, only white men who owned land could be jurors. But today, the idea of “jury of your peers” is much more meaningful. To be eligible to serve as a juror, you must be at least 21 years old, a United States citizen and a resident of the county where you are called; and able to understand English. The only persons disqualified for service are persons on active military duty, those a court has found incapable of serving due to mental or physical illness, those convicted of a felony (unless their civil rights have been restored), and judges. 

I commonly am asked what a grand jury is. A grand jury is a different body of citizens and can be used to help prosecutors and judges pretrial to determine if “probable cause” exists to file criminal charges against a potential defendant. It is unlike the more well-known type of jury used to decide the outcome of both criminal and civil trials throughout our state. It is called a petit jury. “Petit” technically means “small,” but the service these juries provide is anything but small. 

All jurors take an oath to set aside their personal beliefs and be objective in deciding the facts. This means deciding which witnesses are telling the truth, which evidence to believe, and whether the state (in a criminal case) or the plaintiff (in a civil case) has proven all the necessary elements to win a verdict. Interestingly, about 65 percent of Missouri’s jury trials last fiscal year occurred in criminal cases.

In addition to the recent juror appreciation week, how can we acknowledge the importance of jurors and recognize their contributions? One way would be increased compensation for jurors. Inadequate juror compensation has been a common theme in my conversations with court staff as I travel around the state. Some have called our current juror pay an embarrassment. Taking time from work or taking care of your family is a hardship, and it may be difficult just to reach the county courthouse. The current statutory minimum juror compensation rates, of $6 per day and 7 cents a mile, do not begin to reflect how important a juror’s job really is in our system of justice. This legislative session, many legislators supported proposed changes to juror compensation, and we’re hopeful their renewed efforts next year will bring success.