10 Key Insights on Jury Duty and Peer Influence

Every year, approximately 32 million Americans receive a court summons in their mailbox—not as defendants or plaintiffs, but as potential jurors. These individuals are tasked with dedicating days, weeks, or even months to attending trials and reaching a unanimous decision on civil or criminal cases.

While jury service is a crucial civic responsibility, it can also be highly disruptive to daily life, leading many to seek ways to avoid it. Discover more about jury duty, including exemptions, sequestration, and the rare instances where jurors can disregard legal guidelines.

1. Many individuals fail to appear for their jury duty obligations.

Jurors are typically selected randomly from voter rolls or Department of Motor Vehicles records, provided they meet the criteria of being at least 18 years old, a U.S. citizen, and proficient in English. The 32 million estimate stems from a 2007 National Center for State Courts survey, one of the rare efforts to gather statistical data on jury service. (In 2016, around 194,000 individuals were summoned for federal court duty.)

However, receiving a summons doesn’t ensure attendance. The same NCSC survey revealed that only about 25% of summoned individuals show up. Some are excused due to medical or financial difficulties, while approximately 3 million simply ignore the summons. Additionally, being called doesn’t guarantee participation in a trial; only about 1.5 million people end up serving on a jury.

Ignoring a jury summons can lead to penalties such as fines or even jail time, depending on the judge’s discretion. In one 2023 Georgia case, a no-show juror was assigned to write a 30-page essay on the importance of jury service.

2. Individuals employ various strategies to avoid jury duty.

When prospective jurors face challenges such as medical or financial difficulties, courts often show flexibility. They may allow service to be postponed or entirely excused if the individual can provide evidence of their hardship, such as a doctor’s note. Age-related health concerns or being the sole caregiver for children can also lead to exemptions.

Certain professions may also qualify for exemption. According to the Administrative Offices of the U.S. Courts, active military personnel, National Guard members, firefighters, police officers, and elected officials are ineligible for federal jury service. In fact, they are legally prohibited from serving, even if they desire to do so.

Convicted felons are another exempt group, facing exclusion from jury service in about half of the states and restrictions in others. Additionally, jurors who seem overly eager to serve might be dismissed by attorneys, as excessive enthusiasm can raise suspicions.

3. Social media can play a role in the jury selection process.

Attorneys aim to select jurors they believe will remain impartial and potentially lean in favor of their arguments. This selection phase, known as voir dire (Latin for “to speak the truth”), involves identifying and addressing potential biases. Lawyers also have a limited number of peremptory challenges to replace jurors they deem unfavorable to their case, even without a clear reason, such as familial ties to those involved.

Attorneys also pay attention to nonverbal signals, such as hesitation in responses or body language, to assess potential jurors. Additionally, law firms may investigate jurors’ online presence, including social media activity. The American Bar Association refers to this as “Voir Google,” though it carries risks. For instance, during a 2013 New York trial, a juror informed the judge that a defense team member had viewed their LinkedIn profile.

4. Employers are not always obligated to compensate employees for jury duty.

Balancing civic responsibilities with work obligations can be challenging. While federal law does not mandate employers to pay employees for jury service, some states, including Alabama, Colorado, and Florida, require a minimum daily payment. In New York, jurors receive $40 per day for the first three days, with the state encouraging (but not enforcing) employers to cover full wages [PDF]. Some states also prevent employers from requiring employees to use paid leave for jury duty. However, no state permits employers to threaten termination for fulfilling jury service.

5. Jurors have the opportunity to ask questions.

While attorneys typically lead the questioning in a trial, jurors are usually expected to remain quiet and attentive. However, in some cases, jurors can submit written questions to the judge, who will then discuss them with both legal teams. If no objections are raised, the question may be addressed in court.

Not all legal experts support this practice. Some argue that juror questions can prolong trials, while others worry that unanswered questions might lead jurors to draw negative conclusions, even if unwarranted.

6. Isolating a jury is a challenging process.

Due to the high costs—ranging from hundreds of thousands to millions—judges rarely sequester juries, a practice that isolates them from the outside world to maintain impartiality. This measure is usually reserved for high-profile cases involving defendants like O.J. Simpson or John Gotti (the mob boss wasn’t convicted on federal charges until his 1992 trial with a sequestered jury). Sequestered jurors may be prohibited from talking to each other, using phones, or even visiting the restroom without a security escort.

Sequestration wasn’t always a last-resort measure: Until 2001, New York law mandated that jurors stay in hotels if a criminal trial extended beyond a single day.

7. Counseling services may be provided to jurors.

In cases where a trial involves emotionally distressing testimony, courts may provide jurors with access to post-trial counseling. For federal cases, this support is available through the Federal Occupational Health Employee Assistance Program. Jurors in the trial of mass shooter Dylann Roof were offered such resources.

8. Unanimous verdicts are not always required for jurors.

The American Bar Association notes that jury size and unanimity requirements differ depending on the case type and state. While 12 jurors are typically required for serious criminal cases, misdemeanors or civil cases may involve as few as six jurors, and a majority verdict—requiring agreement from three-fourths of the jurors—may suffice.

9. There is no time limit for jury deliberations.

There is no fixed deadline for a jury to deliver a verdict, though a judge may eventually declare a deadlock if no agreement is reached. (See below.) Otherwise, jurors can deliberate for as long as necessary. One of the longest cases occurred in 2004, involving a woman seeking to construct housing for Alzheimer’s patients in Long Beach, California. She sued city officials, claiming they obstructed her efforts since 1990. After more than four months of deliberation, the federal jury awarded her $22.5 million.

10. Jurors have the ability to disregard the law—to some extent.

In criminal trials, a jury’s verdict is limited to a few possibilities: guilty or not guilty on specific charges, or a mistrial if the jury is deadlocked and cannot reach a unanimous decision, leaving the defendant open to retrial. A less frequent outcome is jury nullification, where jurors may acknowledge the evidence against the defendant but choose not to convict, believing the law itself is unfair. For instance, a juror might recognize guilt under a drug law but deem the law outdated or discriminatory.

Judges are not obligated to inform juries about nullification, and civilians attempting to do so could face legal consequences, as it might be seen as jury tampering or influencing the verdict [PDF]. Due to ongoing debate over its legitimacy, nullification remains an uncommon occurrence.