UtahJury Nullification
In Utah a statute says questions of law are decided by the court and questions of fact by the jury. It adds that a jury may find a general verdict which includes questions of law as well as fact, but is bound to follow the law as stated by the court. The constitution sets a jury of twelve in capital cases and at least eight in other felonies. It says that in criminal cases the verdict shall be unanimous. It also says that in a criminal libel case the jury has the right to determine the law and the fact.
Overview
Juries in Utah
Utah's statute has two parts. Questions of law are to be determined by the court, and questions of fact by the jury. Then it adds that the jury may find a general verdict which includes questions of law as well as fact, but they are bound to follow the law as stated by the court.
Utah's model instruction says the same thing to jurors in terms of their oath, and it tells them in the same breath that they are the exclusive judges of all questions of fact. What it says about disagreeing with an instruction is in the Utah chapter of the guide.
The Utah constitution sets a jury of twelve in capital cases and no fewer than eight in other felonies, and says that in criminal cases the verdict shall be unanimous. State law fits the size of the jury to the possible sentence. How the numbers run is in the chapter.
The Utah chapter
What's in the Guide for Utah?
Jury selection
How the size of a Utah jury follows the possible sentence, from twelve down to four, and the two grounds for removing a juror that turn on a person's views and state of mind.
What the judge tells you
What Utah's model instruction says about the facts, the law and the juror's oath, what jurors are told to do when a lawyer's argument differs from the instructions, and what a judge may not say about the evidence.
How the verdict works
What the unanimous verdict rule means in Utah, how a jury is polled, and what the court can do when the poll is not unanimous.
Protections and risks
Who counts as a juror under Utah's law on tampering and retaliation, what that law says about contacting or threatening a juror, and what it says about getting back at one afterwards.
The law in plain English
The Utah laws behind the chapter in everyday words. They include the statute on who decides the law and the facts, the law on tampering with a juror, the statute on the size of juries, the court rules on jury selection, on instructions and on verdicts, and the jury section of the state constitution.
Official state resources
Links to Utah's official sources, each one checked. They cover the Utah Code and constitution on the legislature's site, the Utah Courts' rules of criminal procedure and model criminal jury instructions, and the Utah Courts' Juror Information page.
Your summons
Called for Jury Duty in Utah?
A Utah jury summons asks you to come to court and, if you are picked, to decide the questions of fact in a case. The court decides the questions of law.
The Utah Courts have a Juror Information page. It covers reporting, who can serve, and how to ask to be excused.
That page covers serving. How the size of the jury follows the charge, what the model instruction and the oath ask of you, and how Utah law protects a juror during and after a case are covered in the Utah chapter of the guide.
Your Utah summons
- Sent byThe state courts
- Names come fromDriver's license and voter registration lists
- It asks you toCome to court and, if you are picked, decide the questions of fact in a case
- Jury size12 (capital), no fewer than 8 (other felonies); in other cases set by statute, never fewer than 4