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Day 207: Understanding the Role of Juries in Arizona Criminal Trials: 7 Key Points

Understanding the Role of Juries in Arizona Criminal Trials: 7 Key Points

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · DUI Defense

5.0 · DUI Defense

A jury’s role in an Arizona criminal trial goes well beyond a simple guilty-or-not-guilty vote—here are seven ways jurors shape a case’s outcome.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · DUI Defense

★★★★★ 5.0 · DUI Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Understanding the Role of Juries in Arizona Criminal Trials: 7 Key Points

Welcome to the Tamou Law Group PLLC blog! Today, we delve into the integral role of juries in Arizona criminal trials. Serving on a jury is a cornerstone of civic responsibility and the justice system. In Arizona, the jury system is designed to ensure fair and impartial trials, embodying the democratic principle that peers should determine the fate of the accused. This post outlines seven key aspects of jury duties and processes in Arizona criminal trials.1

Eligibility and Selection of Jurors

Under Arizona law, jurors are drawn from a fair cross-section of the community. Eligible jurors must be U.S. citizens, at least 18 years old, residents of the jurisdiction, able to understand English, and have no disqualifying mental or physical conditions. The selection process, or voir dire, involves attorneys for both the defense and prosecution asking potential jurors questions to determine any biases or inability to judge the case impartially.2

Role of the Jury

The primary role of the jury in a criminal trial is to weigh the evidence presented and determine whether the defendant is guilty beyond a reasonable doubt. This standard reflects the high burden of proof placed on the prosecution, respecting the presumption of innocence afforded to all defendants under the U.S. Constitution and Arizona law.3

Jury Size and Unanimity

In Arizona, the size of juries can vary depending on the trial. For most felony trials, 12 jurors are required, although in some lesser felony cases, only eight jurors may be necessary. Arizona law mandates that the jury’s verdict must be unanimous, meaning all jurors must agree on the decision of guilt or innocence.4

Jury Instructions

Before deliberation, the judge gives the jury instructions that outline the legal standards needed to determine whether the accused committed the crime. These instructions are crucial as they guide the jury’s understanding and application of the law to the facts presented during the trial.5

Stages of a Criminal Trial

An Arizona criminal trial typically proceeds through several stages: selection of the jury, opening statements, presentation of evidence, closing arguments, jury instructions, deliberation, and finally, the verdict. Each stage is designed to provide the jury with the necessary information and legal context to make a fair decision.6

Jury Deliberation

Deliberation is the process by which jurors discuss the evidence in private to reach a verdict. Arizona law requires that this process be conducted solely among the jurors to ensure an unbiased decision free from external influences. Jurors must consider only the evidence presented in court and are prohibited from conducting personal investigations.7

Important Arizona Statutes

Several statutes are key to understanding jury procedures in Arizona criminal trials:

  • ARS § 21-202: This statute outlines the qualifications for jury service.
  • ARS § 21-211: This covers the disqualification of jurors.
  • ARS § 21-102: Pertains to the selection and summoning of jurors.
  • ARS § 13-114: Establishes the burden of proof and presumption of innocence in criminal trials.

Jury service is a significant duty and right for citizens, providing a direct means of participating in the legal process and ensuring that justice is served fairly and impartially.

Conclusion

At Tamou Law Group PLLC, we recognize the critical role that juries play in the Arizona criminal justice system. Understanding these key points helps demystify the process and highlights the importance of jury duty. If you or someone you know is facing criminal charges and needs experienced legal representation, or if you have further questions about the jury process in Arizona, do not hesitate to contact Tamou Law at 623-321-4699. Our experienced attorneys are here to provide guidance and defend your rights throughout the legal process.

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Common Questions

Frequently Asked Questions

How many jurors are required for a criminal trial in Arizona?

Arizona requires 12 jurors in criminal trials where a sentence of death or 30 or more years in prison is authorized, and eight jurors in all other criminal cases under A.R.S. § 21-102. Alternates are also seated in longer trials to replace jurors who become unable to serve.

Does a jury verdict have to be unanimous in Arizona?

Yes, Arizona requires a unanimous jury verdict in every criminal trial, meaning all jurors must agree on guilty or not guilty before a verdict can be returned. If even one juror disagrees after full deliberation, the court may declare a mistrial rather than accept a split decision.

What happens if a jury cannot reach a verdict in Arizona?

If an Arizona jury cannot reach a unanimous verdict, the judge declares a mistrial and the prosecution can retry the defendant, offer a plea deal, or dismiss the case. A hung jury is not an acquittal, so double jeopardy does not bar a second trial on the same charges.

What are the requirements to serve on a jury in Arizona?

To serve on an Arizona jury you must be a U.S. citizen, at least 18 years old, a resident of the county, and not a convicted felon whose civil rights remain unrestored, under A.R.S. § 21-201. Attorneys then question the panel during voir dire to remove anyone who cannot be fair and impartial.

Can you get a jury trial for a misdemeanor like DUI in Arizona?

Yes, Arizona guarantees a jury trial for felonies and for jury-eligible misdemeanors such as DUI, but petty offenses with minor penalties are tried to a judge alone. Whether a misdemeanor qualifies depends on its common-law history and the severity of its consequences under Arizona’s Derendal test.

What does beyond a reasonable doubt mean for an Arizona jury?

Beyond a reasonable doubt means Arizona jurors must be firmly convinced of the defendant’s guilt before they can convict, the highest standard of proof in American law. The prosecution carries that burden on every element, because A.R.S. § 13-115 presumes the defendant innocent until guilt is proved.

How long does jury deliberation take in an Arizona criminal trial?

Arizona sets no time limit on jury deliberations, which can last anywhere from under an hour to several days depending on the complexity of the case. Jurors must reach their verdict using only the evidence admitted in court and cannot investigate the case on their own.

Is a jury trial better than a bench trial in an Arizona criminal case?

A jury trial is often better for defendants because the State must convince every juror unanimously, while a bench trial places the verdict in a single judge’s hands. The right choice depends on your facts, and Tamou Law Group can evaluate both options for you. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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