My sincere apologies for the wait.Is there any difference in the civil jury rules and the criminal jury rules?
Well, in a manner of speaking. In a criminal jury trial, the decision to convict must be unanimous. Also, the burden of proof (in a criminal court in general, judge or jury trial) is "beyond a reasonable doubt."
In a civil court, the decision for Plaintiff or Defendant must be 10 out of 12 jurors, or 5 out of 6. Also, in a civil court, the burden of proof is "by a preponderance of the evidence."
Otherwise, the jury functions much the same way in a criminal and civil trial. specifically, is it still a "jury of our peers" or is that less strenuously employed. Ie: could it be all women or all men, etc?
Both in a civil and criminal matter, however, discrimination based on gender or race is disallowed. A "strike" by either party towards a potential juror may be challenged if the other party feels that the party is attempting to strike jurors based on race or gender. This is called a Batson Challenge
- see here
So while it is possible that a jury may end up being mostly women or mostly men, it is unlikely. And due to the parties' attempt not to seem discriminatory, most of the time, the jury selected also fairly represents the racial makeup of the county it is in - in theory.
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