What does a jury of your peers really mean? The answer may surprise you
You’ve probably heard the phrase before. People accused of crimes have the right to be judged by a “jury of their peers.”
But what does that actually mean?
Does it mean a defendant will be judged by people of the same background? Or does the legal system define “peer” differently?
The answer may surprise you. Here’s what to know.
What does ‘a jury of your peers’ mean in Texas?
Legal experts say the phrase refers to an impartial group of people from the community where a case is being tried.
“Contrary to popular belief, defendants are not tried by a tailor-made jury that’s made up of jurors of the same race, age group, sexual orientation, or religious affiliation,” attorneys at Zen Law firm, which has offices in North Texas, wrote in a blog post.
“A long time ago in England, when a member of nobility was tried by a jury, he was tried by his fellow nobles instead of by the king,” the post continued.
The firm said the concept has since evolved and is more broadly understood as a jury made up of one’s fellow citizens.
How are juries selected in Texas?
Jury selection begins with the state randomly selecting a group of locals for what’s known as a jury pool.
Before a jury is chosen, potential jurors answer questions from the defense, prosecution and judge to help determine whether anything in their background could cloud their judgment or make them biased in the case.
“For example, if a woman’s young daughter was killed by a drunk driver, she probably wouldn’t be selected as a juror in an intoxicated manslaughter case. Or, if a man was a victim of a home invasion, he probably wouldn’t be selected to serve on a jury trying a man for murder that occurred during a residential burglary. As you can imagine, certain experiences in a person’s past could impact their attitude about the defendant,” according to the Zen Law Firm blog post.
The goal is to avoid potential jurors who may be prejudiced, the law firm said. It also noted that selecting for race and gender are off-limits in jury selection, meaning defense attorneys and prosecutors cannot exclude a juror based on race or gender alone.
