The United States Constitution guarantees all criminal defendants a right to a trial by a jury of their peers. A criminal jury consists of 12 people. There is also a constitutional right to a jury trial in certain types of civil cases. The jury in a civil case usually contains 6 to 12 people. If the jurors cannot agree on a verdict, the jury is said to be a "hung jury" or a "deadlocked jury." If a jury deadlocks, the result is a mistrial.
The American system of justice generally allows litigants (the parties involved in a lawsuit) to choose between a jury trial and a bench trial. In a jury trial, the jury decides questions of fact and the judge applies the law. In a bench trial, the judge determines all questions of law and also decides all questions of fact. This article discusses the jury deliberation process.
Every state has a code of judicial conduct that sets ethical guidelines for judges. All states have judicial conduct commissions with the power to investigate, prosecute, and decide cases of judicial misconduct. There is also a code of conduct for federal judges. The code of judicial conduct requires a judge to avoid not only impropriety but also the appearance of impropriety. The code of judicial conduct also covers judicial integrity, independence, diligence and impartiality. Membership in discriminatory organizations is currently a controversial topic.
A person or company unable to pay debts may declare bankruptcy. Bankruptcy is a legal process in which the financial affairs of the debtor (a person or a company) are placed in the hands of the bankruptcy court. The process is intended to protect the creditors of the debtor and assure their equal treatment.
More than three-quarters of state trial courts are located in rural U.S. counties. Generally, courthouses that have no more than four judges are considered to be rural courts. Some rural areas have only visiting judges, who hear cases in the area at regularly scheduled intervals. Rural courts are fundamentally different from urban courts and face unique challenges. This article discusses some of those challenges, including geography, funding, training, technology, and lack of services.