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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely, Is there any difference in the civil jury rules and

Resolved Question:

Ely,

Is there any difference in the civil jury rules and the criminal jury rules? 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?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend and thank you for requesting me - I am away from the site at the moment but I should reply by the evening - my apologies in advance for the wait. I just wanted to let you know. No need to reply to this communique.
Expert:  Ely replied 1 year ago.
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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Customer: replied 1 year ago.

Ok, thank you. I was wondering if things like being a single father or profession can be discriminated against?

Expert:  Ely replied 1 year ago.
Hello,

Thank you for your follow up.

Ok, thank you. I was wondering if things like being a single father or profession can be discriminated against?

No - they cannot. Rather, no law states that specifically single parents or dual parents may be struck from the jury.

However, the jury is dissected for bias, and both sides have peremptory strikes (see link) to strike for any reason.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87080
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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