Trial by Jury

Copyright by the American Bar Association. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source.  

In August 1993, the ABA House of Delegates approved a revised set of ABA Criminal Justice Standards on Trial by Jury. The “black letter” Standards were subsequently published along with commentary in a volume entitled ABA Standards for Criminal Justice: Discovery and Trial by Jury, 3rd Edition, © 1996 by the American Bar Association.

At the 2005 ABA Annual Meeting, the ABA House of Delegates approved a set of ABA Principles for Juries & Jury Trials. Some of those Principles concern matters not considered in the Trial by Jury Standards; some amplify the Trial by Jury Standards; and some alter the policy set forth in the Trial by Jury Standards. These are included in a separate annotated Addendum that includes links to relevant Principles.

CLICK HERE for the text of the publication containing the “black letter” Trial by Jury Standards and commentary. This Standards can be purchased in a book format.  CLICK HERE for the Addendum.

CLICK ON THE LINKS BELOW to go directly to individual “black letter” Standards (without commentary) that contain Addendum notes linked to related Principles.

PART I. THE RIGHT TO TRIAL BY JURY

Standard 15-1.1 Right to jury trial
Standard 15-1.2 Waiver of trial by jury
Standard 15-1.3 Waiver of full jury or of unanimous verdict
Standard 15-1.4 Change of venue or continuance

PART II. JURY SELECTION

Standard 15-2.1 Selection of prospective jurors
Standard 15-2.2 Juror questionnaires
Standard 15-2.3 Challenge to the array
Standard 15-2.4 Conduct of voir dire examination
Standard 15-2.5 Challenges for cause
Standard 15-2.6 Peremptory challenges
Standard 15-2.7 Procedure for exercise of challenges; swearing the jury
Standard 15-2.8 Impermissible peremptory challenges
Standard 15-2.9 Alternate jurors

PART III. CONDUCT OF THE TRIAL

Standard 15-3.1 Defendant's presence at proceedings
Standard 15-3.2 Control, restraint or removal of defendants and witnesses
Standard 15-3.3 Substitution of judge
Standard 15-3.4 Opening statement and closing argument
Standard 15-3.5 Note taking by jurors
Standard 15-3.6 Method of making and ruling on motions and objections
Standard 15-3.7 Evidence of prior convictions
Standard 15-3.8 Motion for judgment of acquittal

PART IV. JUDICIAL RELATIONS WITH JURY; JURY INSTRUCTIONS

Standard 15-4.1 Control over and relations with the jury
Standard 15-4.2 Right of judge to give assistance to the jury during trial
Standard 15-4.3 Judicial communication with jurors
Standard 15-4.4 Jury instructions

PART V. JURY DELIBERATIONS; RETURN OF VERDICT

Standard 15-5.1. Materials to jury room
Standard 15-5.2. Jury request to review testimony
Standard 15-5.3. Additional instructions
Standard 15-5.4. Length of deliberations; deadlocked jury
Standard 15-5.5. Entry of plea during deliberations
Standard 15-5.6. Polling the jury
Standard 15-5.7. Impeachment of the verdict

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