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How does a jury trial work in the United States?

A jury trial is when a jury decides the facts and reaches a verdict, unlike a bench trial where a judge decides everything.

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Covers: The stages of a criminal or civil jury trial in the U.S., from jury selection through verdict, including the roles of judge, attorneys, and jurors. Does not cover appeals, sentencing guidelines, or trial procedures in other countries.

Also answers: How does the jury system work in America? · What happens during a jury trial? · Jury trial process explained · What is the role of a jury in a US trial?

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The short answer

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A jury trial is a legal proceeding in which a jury makes findings of fact and reaches a verdict, as distinguished from a bench trial, where a judge or panel of judges makes all decisions. Jury trials evolved within common law systems rather than civil law systems, and their availability has shaped American civil and criminal procedure: fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are used in a significant share of serious criminal cases in many common law systems, but not all, and juries or lay judges also exist in many civil law countries for criminal cases.1

What this rests on5 independent sources
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In brief

  1. A jury trial is a proceeding where a jury makes findings of fact and reaches a verdict, unlike a bench trial where a judge decides everything.1

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  2. The availability of jury trials has concentrated fact finding in a single trial and greatly limited appellate review of trial court decisions.1

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  3. Jurors' perceptions of victims, defendants and witnesses shape decision-making, and victim characterization can reflect in-group bias.2

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  4. Deliberation can shift verdicts toward leniency: in one simulation, 5.8% of juries convicted versus 26.0% of predeliberation jurors.3

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  5. Change-of-venue motions in appealed murder cases succeeded 23.5% of the time overall, and Black and Latino defendants were less successful than Whites in winning them.4

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At a glance

The picture in numbers

Live · updated just now

Survey of court transcripts, 2000-2020

23.5%

24 in every 100

of appealed murder cases where change-of-venue motions succeeded4

The evidence behind it

5 sources
  • Trials1
  • Other studies and data3
  • Background1

When it was published

Newest from 2026

20232026
Sources on this page by kind and year
SourceKindYear
Jury trial (Wikipedia)BackgroundUnknown
Boy v. man: The role of perception and the attribution of blame in court proceedings.Other studies and data2023
Investigating the predictive value of defendant race and jury racial composition on decision making in a criminal trial.Trials2026
Survey of change-of-venue motions in appellate court transcripts of murder trials (2000-2020): Which factors make a difference?Other studies and data2024
Intimate partner rape: do rape myths still influence verdict outcomes when the defendant is an ex-partner?Other studies and data2026

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What it means for you

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If you want to understand the basic definition of a jury trial

the key distinction is that a jury makes findings of fact and reaches a verdict, while in a bench trial a judge or panel of judges makes all decisions.1

Evidence-backed

If you are following a case where local publicity may have biased the jury pool

a change of venue can move the trial to another jurisdiction, but such motions succeeded in only 23.5% of surveyed appealed murder cases and success varied widely between states.4

Evidence-backed

If you are weighing claims about racial bias in jury outcomes

the simulation evidence is mixed: deliberation produced a leniency shift regardless of defendant race, and verdict change was not significantly predicted by defendant race or jury composition, which the authors note does not match real-world disparities.3

Evidence-backed

If you are considering juror education as a reform

researchers propose myth-debunking juror education but caution that better mock-trial procedures and research with genuine trial jurors are needed before such recommendations are made.5

Evidence-backed

The full story · 4 chapters

01

What a jury trial is

AI summary:Defines a jury trial, contrasts it with a bench trial, and traces its common law origins and effects on procedure.

Evidence-backed

Evidence-backed: A jury trial is a proceeding in which a jury makes findings of fact and reaches a verdict. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. The use of jury trials evolved within common law systems rather than civil law systems, and it has had a profound impact on the nature of American civil and criminal procedure rules, even where a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial, if properly demanded, has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited.1

Evidence-backed

Evidence-backed: Jury trials are used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. Jury trials are of far less importance, or of no importance, in countries that do not have a common law system.1

02

Who does what: judge, attorneys, jurors

AI summary:Covers juror impartiality, judges moving trials on change-of-venue motions, and how often those motions succeed.

Evidence-backed

Evidence-backed: The framework of the 6th Amendment calls for impartiality among a jury of peers selected for the pursuit of justice. Juries are described as a core component of the criminal justice system, though marked with a history of prejudice, segmentation, and discrimination.2

Evidence-backed

Evidence-backed: A judge can move the location of a trial to another jurisdiction when the jury pool is deemed biased, a maneuver based on a change-of-venue motion. In a survey of court transcripts of appealed murder convictions from 2000-2020, the overall success rate of such motions was 23.5%, varying widely between states. The motion was more likely to be granted in jurisdictions with smaller populations and where a policeman was the victim.4

03

How jurors decide

AI summary:Explores how victim perception, deliberation, rape myth beliefs, and race shape juror verdicts and venue rulings.

Evidence-backed

Evidence-backed: Influencing jury decision-making is the perception of witnesses, defendants, and victims. The characterization of a victim is often a function of in-group bias, in which the jury, operating collectively, decides whether to cognitively distance itself from the victim based on assigned attributes. The group's agreement with the assignment of negative attributes is especially apparent when the victim is a Black male: in one analysis, teenage murder victim Jordan Davis was described as a man and characterized as an adult aggressor and deserving of blame.2

Evidence-backed

Evidence-backed: In a mock-trial study, deliberation produced a dramatic leniency shift: 5.8% of juries convicted, compared to 26.0% of predeliberation jurors. Half of the guilty verdicts came from all-White juries evaluating a White defendant, and no all-White jury convicted a racialized defendant. Verdict change was not significantly predicted by either defendant race or jury composition. The authors suggest White jurors in all-White juries may have exhibited performative allyship given the low cost of a potential wrongful acquittal in the simulation, and note their observed effects do not comport with real-world disparities between White and racialized defendants.3

Evidence-backed

Evidence-backed: In a mock-juror study of intimate partner rape, Caucasian and university-educated mock jurors, and jurors who rejected rape myths to a greater extent, were most likely to find the defendant guilty. Female jurors were significantly more likely to return a guilty verdict before, though not after, controlling for variation in rape myth beliefs. The authors read this as support for the existing literature that jurors' pre-trial rape myth beliefs, alongside other demographic characteristics, appear to predispose juror judgements and decision-making, and extend a similar trend to intimate partner rape trials.5

Evidence-backed

Evidence-backed: The change-of-venue survey found that Black and Latino defendants were less successful than Whites in winning a change of venue. The authors call the racial disparity especially concerning given past findings that people of color suffer heightened negative local pretrial publicity, and advocate for more uniform state legislation.4

04

Reform proposals and their limits

AI summary:Describes proposed juror education reforms and cautions that more realistic research is needed first.

Evidence-backed

Evidence-backed: Suggested ways to mitigate biased decision-making processes are discussed in the victim-perception analysis. In the intimate partner rape study, the authors highlight the need for targeted juror reforms, such as myth-debunking juror education, but caution that further enhancements to mock-trial procedures to maximise ecological validity, alongside greater research among genuine trial jurors, are warranted before such recommendations are made.25

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What to remember

Try to recall each hidden figure before you reveal it. Remembering, not rereading, is what makes it stick.

  1. Deliberation can shift verdicts toward leniency: in one simulation, of juries convicted versus 26.0% of predeliberation jurors.

  2. Change-of-venue motions in appealed murder cases succeeded of the time overall, and Black and Latino defendants were less successful than Whites in winning them.

  3. A jury trial is a proceeding where a jury makes findings of fact and reaches a verdict, unlike a bench trial where a judge decides everything.

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Sources

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  1. 1
    Jury trial (Wikipedia)
    WikipediaPublished Oct 11, 2026Checked Oct 11, 2026
    “A jury trial, or trial by jury, is a legal proceeding in which a jury makes findings of fact and reaches a verdict. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of far less importance (or of no importance) in countries that do not have a common law system.”
  2. 2
    Boy v. man: The role of perception and the attribution of blame in court proceedings.
    Heliyon (Cooke)Published Jul 11, 2023Checked Oct 11, 2026
    “Juries are a core component of the criminal justice system. Although marked with a history of prejudice, segmentation, and discrimination, the framework of the 6th Amendment calls for impartiality among a jury of peers who are selected for the pursuit of justice. Influencing jury decision-making is the perception of witnesses, defendants, and victims. Specific to this work, the characterization of the victim is often a function of in-group bias in which the jury, operating collectively, decides if it is to cognitively distance itself from the victim based on assigned attributes. The group's agreement with the assignment of negative attributes is especially apparent when the victim is a Black male. In the case of this analysis, teenage murder victim Jordan Davis was described as a man and characterized as an adult aggressor and deserving of blame. The analysis is integrative and considers this case to elaborate on the cognitive theories, system behavior, and cultural norms that frame the perceptive process of jurors. Also reflected are the implications of biased decision-making processes, as well as suggestions for ways to mitigate them.”
  3. 3
    Investigating the predictive value of defendant race and jury racial composition on decision making in a criminal trial.
    Law and human behavior (Maeder et al.)Published Jul 9, 2026Checked Oct 11, 2026
    “A dramatic leniency shift (5.8% of juries, compared to 26.0% of predeliberation jurors, convicting) prevented us from conducting our planned analyses on group verdict. Half of the guilty verdicts came from all-White juries evaluating a White defendant, and no all-White jury convicted a racialized defendant. Verdict change was not significantly predicted by either defendant race or jury composition.ConclusionsDeliberation elicited a leniency shift irrespective of defendant race. White jurors in all-White juries may have exhibited performative allyship, given the low cost of a potential wrongful acquittal in this simulation study. Findings have implications for jury research, in that our observed effects do not comport with real-world disparities between White and racialized defendants. (PsycInfo Database Record (c) 2026 APA, all rights reserved).”
  4. 4
    Survey of change-of-venue motions in appellate court transcripts of murder trials (2000-2020): Which factors make a difference?
    Behavioral sciences & the law (Goldschmied et al.)Published Oct 5, 2024Checked Oct 11, 2026
    “A court may move the location of the trial to another jurisdiction if the jury pool is deemed biased by the judge, a legal maneuver based on a "Change of Venue" motion (CoVm). We surveyed the frequency and the factors associated with granting the motion at the state level when the defendant was charged with murder. We reviewed court transcripts of appealed murder convictions during the 2000-2020 years from Nexis. We complied a sample of 832 CoVm and conducted a nested regression analysis. We repeated the procedure with a subset of 360 CoVm for which we could identify the race of the defendant and victim. Overall, the success rate of CoVm was 23.5% but varied widely between the states. The motion was more likely to be granted in jurisdictions with smaller populations and a policeman was the victim. It was also found that Black and Latino defendants were less successful than Whites in winning CoVm. The racial disparity in CoVm decisions is especially concerning given past findings that people of color suffer heightened negative local pretrial publicity. In light of the findings, we advocate for a more uniform state legislation.”
  5. 5
    Intimate partner rape: do rape myths still influence verdict outcomes when the defendant is an ex-partner?
    Frontiers in psychology (Lilley et al.)Published Apr 15, 2026Checked Oct 11, 2026
    “Caucasian, university-educated mock jurors and jurors who rejected rape myths to a greater extent were those most likely to find the defendant guilty. Female jurors were also significantly more likely to return a guilty verdict before, though not after, controlling for variation in rape myth beliefs.DiscussionThese findings offer further support to the wealth of existing literature that suggests jurors' pre-trial rape myth beliefs, alongside other demographic characteristics, appear to predispose juror judgements and decision-making, and extend upon past literature in identifying a similar trend within intimate partner rape trials. Findings highlight the need for targeted juror reforms, such as myth-debunking juror education, before such recommendations are made. Before such recommendations are made, further enhancements to mock-trial procedures to maximise ecological validity, alongside greater research among genuine trial jurors, are warranted.”

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  • What are the specific procedural stages of a U.S. jury trial, from jury selection through verdict, and how do they differ between criminal and civil cases?

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