Inside the Jury Room: Rules and What Jurors Can and Cannot Do

After closing arguments and jury instructions in a criminal trial, the jurors leave the courtroom and begin deliberating. A foreperson typically helps organize the discussion as the jurors work through the evidence and instructions they were given. Depending on the court, they may use their notes, examine admitted exhibits, or ask the judge to clarify an instruction or provide testimony again. They are still bound by one basic rule: the verdict must come from the evidence presented in court, not an internet search or outside investigation.

For legal help with a jury trial, speak with a criminal defense lawyer who can provide advice based on the facts and circumstances of your case.

Do Jurors Sit Around a Table?

The primary requirement for jury deliberation is that it takes place in a secluded setting. It must be separate from the courtroom, judge, attorneys, witnesses, and the public. Jurors need to feel comfortable openly discussing their opinions.

Most courthouses have designated jury rooms for deliberation. No rule requires specific furniture or a particular arrangement. However, the room often has a conference-style table and chairs.

Which Juror Talks First?

No statute or rule requires a specific juror to speak first. However, the jury foreperson often opens the discussion. This person is designated as the “presiding juror” and acts as the group’s representative in the courtroom. They can lead discussions during the deliberation and manage paperwork. Once the conversation starts, all jurors are expected to participate.

There’s no set order or schedule for how the jurors review the evidence. Each jury is unique and may start differently. For example, juries often review the judge’s instructions first. This ensures everyone understands what is expected of them and what they are evaluating.

Do Jurors Vote Immediately?

No universal law requires jurors to vote at the beginning of deliberations. A jury may choose to take an informal straw poll before discussing the case. This informal poll can help gauge where jurors stand. This initial vote doesn’t always align with the final formal vote. Jurors should remain open to discussion and reconsideration throughout deliberations.

When the jury is ready to reach a final decision, the jurors vote according to the standard required in that case. The foreperson or another designated juror records the decision on the verdict form. If the jurors cannot reach the required agreement, the result may be a hung jury.

The judge may then declare a mistrial and determine what happens next. In a criminal case, a unanimous decision that the prosecution failed to prove its case may result in a verdict of not guilty.

Can Jurors Take Notes?

Generally, jurors can take notes. However, rules on note-taking vary by jurisdiction.

Jurors take notes to help them remember important points throughout the trial. They are not evidence and are not meant to replace the official court record or the evidence presented. Once in deliberation, jurors shouldn’t assume or trust that something is fact simply because another juror wrote it down in their notes.

Some courts collect, secure, or destroy juror notes at the end of the trial. Juror notes may sometimes be allowed in the deliberation room. They are generally treated as confidential and shouldn’t be released to the public.

Can Jurors Google Something?

Jurors are not allowed to conduct their own investigation or research of a criminal case by Googling or searching online. During voir dire, the judge and attorneys spend time looking for potential bias. Allowing jurors to Google could introduce bias from misinformation.

The prohibition extends beyond looking up the facts of the case. Jurors aren’t allowed to look up the parties or witnesses. They cannot watch or read news coverage about the case. They also shouldn’t research legal terms or search for information they believe will help them resolve an issue during deliberation.

Information found online was not presented and tested through the trial process, and it could be inaccurate, incomplete, or prejudicial. Many jurisdictions specifically direct jurors not to use their electronic devices, the internet, messaging services, or social media to research or discuss the case.

For some cases, the court may require jurors to relinquish their electronics during deliberations. Improper internet research can lead to allegations of juror misconduct and potentially require the court to investigate what happened.

Can Jurors Watch Testimony Again?

Generally, jurors cannot automatically rewatch the entire testimony whenever they want. Whether testimony, transcripts, recordings, or other trial materials are available depends on the court and the circumstances.

Courts more commonly allow juries to rewatch or review a specific portion of the testimony. To do so, the court may bring the jury back into the courtroom. Some jurisdictions require the court to approve the review. Other jurisdictions require the parties to be notified and given an opportunity to be heard.

Can Jurors Ask Questions?

Whether jurors can ask questions depends largely on when the question arises and the court’s rules. During a criminal trial, some jurisdictions permit jurors to submit written questions to witnesses. The judge reviews those questions before deciding whether to ask them, giving the court an opportunity to address improper, irrelevant, or prejudicial questions.

Questions can also come up during deliberations. Jurors generally communicate those questions to the court through the procedure the judge establishes, often by sending a written note. A judge may answer the question, provide further instructions, bring the jurors back into the courtroom, or arrange for certain testimony to be reread.

Attorneys may also have an opportunity to object or state their position before the judge responds.

Can Jurors Look at Exhibits While Deliberating?

A jury can usually review evidence more closely once deliberations begin, but there are limits. Properly admitted exhibits may be sent into the jury room for the jurors to examine.

Something shown during testimony is different. If the court never admitted it into evidence, jurors may not be able to review it on their own during deliberations. The judge ultimately decides what materials the jury receives.

Technology has also changed how courts handle evidence. Some federal courts use electronic evidence systems such as JERS. It lets jurors pull up documents, examine images, watch admitted videos, and review other materials while they deliberate.

That convenience does not expand the evidence the jury can consider. Jurors can revisit the evidence the court gives them, but they cannot use the system to find evidence for themselves.

Why Can’t Anyone Know What’s Happening Inside the Jury Room?

Jurors need to be able to talk honestly once they enter the jury room. They may disagree about the evidence, question another juror’s interpretation, or change their minds as the discussion continues. That would be much harder if the lawyers, parties, witnesses, or public could listen to every conversation.

Jury duty gives people an important role in the justice system, and jury service requires them to consider the case without outside pressure or interference. Keeping deliberations private gives jurors the space to work through the evidence and reach a decision.

That privacy does not mean jurors can never be questioned about what happened. Federal Rule of Evidence 606(b) generally prevents jurors from testifying about statements or incidents during deliberations. The rule includes limited exceptions, though.

Certain situations involving outside prejudicial information, outside influence, or an error in recording the verdict may be discussed.

Seek Legal Advice

Jury deliberations may happen behind a closed door, but what happens before that door closes can still affect the verdict. If your case could go before a jury, having an attorney who understands how jurors evaluate evidence and how the court manages the trial can make a significant difference.

Use the Super Lawyers directory to find a criminal defense lawyer who can help you prepare for what happens before, during, and after the jury hears your case.