VirginiaJury Nullification
Virginia's constitution says a person cannot be found guilty without the unanimous consent of the jury. The model instruction read before the evidence tells jurors it is their duty to follow all of the instructions. The constitution allows juries of fewer than twelve, but not fewer than five, for offenses that are not felonies. A court rule says the verdict must be unanimous, in writing and signed by the foreman.
Overview
Juries in Virginia
Virginia's constitution gives the accused a trial by an impartial jury, without whose unanimous consent he cannot be found guilty. The model instruction read before any evidence tells jurors the law is in the instructions and that it is their duty to follow all of them.
Virginia has a statute about the model instructions themselves. It says when a judge may not turn down an instruction that a lawyer asks for. What that means for what a jury hears is in the Virginia chapter of the guide.
The constitution lets the legislature allow juries of fewer than twelve, but not fewer than five, for offenses that are not felonies. A court rule says the verdict must be unanimous, in writing, signed by the foreman and returned in open court. How a jury is polled is in the chapter.
The Virginia chapter
What's in the Guide for Virginia?
Jury selection
When a Virginia jury is instructed, which instructions have to be in writing, and how the constitution fits the size of the jury to the kind of offense.
What the judge tells you
What the Virginia model instructions say about the evidence, the law and the duty to follow the instructions, who writes them, and what a statute says about instructions that do not match the models.
How the verdict works
What the constitution's unanimous consent means for a Virginia jury, how a verdict is signed and returned, and what a jury that sets a punishment is told not to think about.
Protections and risks
What Virginia law says about bribing a juror, even one who has not been seated, about a defendant contacting a juror after the trial, and about an employer who penalises a worker for serving.
The law in plain English
The Virginia laws behind the chapter in everyday words. They include the section of the constitution on the rights of the accused, the laws on bribing a juror, on contact with jurors after a trial and on a juror's job, the statute on model instructions, and the court rules on instructions and on verdicts.
Official state resources
Links to Virginia's official sources, each one checked. They cover the Code of Virginia and the constitution on the legislature's site, the Judicial System's court rules and model jury instructions, and its Answer Book for Jury Service.
Your summons
Called for Jury Duty in Virginia?
A Virginia jury summons asks you to come to court and, if you are picked, to decide a case on the evidence and the instructions of law.
The Virginia Judicial System publishes The Answer Book for Jury Service. It covers reporting, who can serve, and what to expect in court.
The Answer Book covers the day itself. What the first instruction asks of you, how a unanimous verdict is signed and polled, and what Virginia law does for a juror's job are covered in the Virginia chapter of the guide.
Your Virginia summons
- Sent byThe sheriff for your circuit court
- Names come fromVoter and driver's license lists
- It asks you toCome to court and, if you are picked, decide a case on the evidence and the instructions of law
- Jury size12 (felony), 7 (misdemeanor)