After closing arguments and jury instructions, jurors retire to the deliberation room where they select a foreperson as their first order of business. The foreperson guides discussions, manages the review of exhibits, and facilitates votes on the verdict. When the jury reaches a decision, the foreperson notifies the bailiff that a verdict has been reached. In open court, the foreperson stands and announces the verdict or hands the signed verdict form to the bailiff for the judge to read. If the jury cannot reach unanimity, the foreperson communicates the impasse to the judge.
Judge: "Has the jury reached a verdict?" Foreperson: "We have, Your Honor."
Judge: "Madam Foreperson, please read the verdict."
Foreperson: "We the jury, in the above-entitled action, find the defendant not guilty."
Students sometimes believe the foreperson has special authority to direct the verdict or override other jurors. The foreperson is simply a facilitator with the same single vote as every other juror.
Tanner v. United States, 483 U.S. 107 (1987)
Addressed jury misconduct and the limitations on inquiring into jury deliberations, establishing that Rule 606(b) generally bars testimony about deliberation processes.
Pena-Rodriguez v. Colorado, 580 U.S. 206 (2017)
Created an exception to the no-impeachment rule for jury verdicts when racial bias is shown to have been a significant motivating factor in a juror's vote.
How is a jury foreperson selected?
Selection methods vary by jurisdiction. Some courts allow jurors to elect their own foreperson during deliberations, some judges designate Juror No. 1 (the first seated), and some judges appoint the foreperson directly. There is no constitutional requirement for any particular selection method.
What are the duties of a jury foreperson?
The foreperson presides over deliberations, ensures orderly discussion, takes votes, communicates questions to the judge through the bailiff, signs verdict forms, and announces the verdict in open court. The foreperson does not have extra voting power — each juror's vote carries equal weight.
Can a jury foreperson be removed during deliberations?
A judge may remove a foreperson for cause, such as refusal to follow instructions or jury misconduct. However, removing a juror during deliberations is an extraordinary measure. If a foreperson is simply unpopular or ineffective, the jury typically cannot unilaterally replace them without the court's involvement.
The verdict is the formal decision or finding made by a jury (or judge in a bench trial) on the fact...
A bench trial is a trial in which the judge serves as both the arbiter of law and the finder of fact...
The judge is the judicial officer who presides over court proceedings, rules on legal issues, instru...
A mistrial is a trial that is terminated and declared void before a verdict is reached, due to a fun...
Apply your knowledge of this term in a realistic courtroom simulation
Start a Mock Trial