What are the Rules for the Number of Jurors and Votes?

The number of jurors and the number of juror votes required for a finding of guilt or civil liability vary depending upon the type of case (criminal or civil) and the court (state or federal).

How many jurors are required in a criminal trial?

The exact number varies under state and federal law. 

Generally, a criminal trial requires a minimum of 5 or 6 jurors. 

In most cases where capital punishment is a possibility, a statute will require a minimum of 12 jurors.

How many jurors are required in a civil trial?

Not all civil court cases involve a jury trial.  

When a jury trial is warranted in a federal civil case, the number of jurors required is known as petit jury. 

Rule 48 of FRCP states that, "a Court shall seat a jury of not fewer than six and not more than twelve members."

Most cases do not have 12 jurors.

How many jurors must vote for conviction in a criminal trial?

In criminal cases, most courts (state and federal) require a unanimous vote by the jury to find the defendant guilty. 

Currently, courts in only two states allow for conviction of a defendant via non-unanimous voting, and those are generally reserved for minor charges.

• Note: Federal military courts-martial, a special form of Article I federal court that enforces criminal actions, allows for a non-unanimous finding of guilty in certain cases.

How many jurors must vote for liability in a criminal trial?

In civil cases, many states have eliminated the unanimity requirement to find a defendant liable. 

This means that many states allow for a finding of civil liability with a simple majority vote by jurors. 

These statutes may require a minimum number of jurors on the jury.

Are jurors required to disclose their votes or reasoning?

In general, juries do not need to give reasons for their votes in a civil or criminal case. 

The jury will provide a simple verdict (guilty/not guilty or liable/not liable) and does not have to explain its reasoning in the matter. 

Some special verdicts, however, require jurors to answer a series of questions to ascertain their understanding of the law and procedure. 

Further, the jury may have to indicate whether they find aggravating circumstances, which may be a legal requirement for a certain finding. 

Even in these cases, the juror does not have to explain why they find facts to be convincing or no.

As previously stated, the specific rules applicable to jurors, juror votes, and findings will vary slightly depending upon the case and the court system. 

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