Anatomy of a Jury Trial: The Stages

Michael DeBlis III, Esq.Partner

DeBlis Law

Anatomy of a Jury Trial

• Jury selection (voir dire)– Most trials are in front of a jury, and the jury pool

initially includes dozens or even hundreds of potential jurors.

– During jury selection, both sides and the judge have the opportunity to present questions to potential jurors to determine whether they have any biases that might influence their decision-making.

Anatomy of a Jury Trial

– Both sides may present their questions in a way that is designed to begin to influence the jury in their favor.

– The judge will excuse jurors who he determines cannot fairly try the case for cause, and the two sides will also be able to challenge a limited number of jurors (peremptory challenges).

– When there are 12 jurors (and two alternates) who no one has objected to, the jury will be seated and the trial will begin.

Anatomy of a Jury Trial

• Opening Statement– Opening statements are an opportunity for the

lawyers to explain what they think the evidence will show.

– They do not contain evidence, but are instead a lawyer’s chance to clearly explain their side’s version of the facts of the case.

– The prosecution is required to make an opening statement that covers how it will prove each element of the crime.

Anatomy of a Jury Trial

– The defense is not required to make an opening statement, but often will.

– Depending on the defense being asserted, the defense attorney may explain an affirmative defense, may point out weaknesses in the prosecution’s case, or simply ask the jury to keep an open mind.

Anatomy of a Jury Trial

• The Prosecution’s Case– The prosecution has the burden of proof and

therefore has the first opportunity to present evidence.

– Most evidence will be introduced by witness testimony. The prosecution will call a witness and question them in what is known as direct examination.

– The defense will then have the opportunity to cross-examine the witness to point out inconsistencies or weaknesses in their testimony.

Anatomy of a Jury Trial

– If needed, both sides may have the opportunity to ask additional questions based on the answers the witness gave to the other side.

– Physical evidence may also be introduced during witness testimony or another legally permissible time during the prosecution’s case.

Anatomy of a Jury Trial

• Motion for Judgment of Acquittal– When the prosecution rests, the defense always

moves for a judgment of acquittal. In making the motion, the defense argues that even if all of the evidence is viewed in a light most favorable to the prosecution, the prosecution still hasn’t presented legally sufficient proof for the jury to be able to find the defendant guilty beyond a reasonable doubt. This motion is rarely granted, but can help lay the grounds for an appeal if the defendant is convicted.

Anatomy of a Jury Trial

• The Defense’s Case– The defense may then present a case in a manner similar

to the prosecution. – The defense is never required to put on any evidence, and

often will not, but will instead rely on the fact that they don’t believe the prosecution has met the burden of proof.

– The defendant will also have the opportunity to testify on his own behalf during the defense’s case.

– The decision to testify is the defendant’s alone even if his attorney disagrees with him, and the judge will remind the defendant of this before he takes the stand.

Anatomy of a Jury Trial

• Rebuttal– If the defense does put on evidence, the

prosecution will have the opportunity to present additional evidence after the defense rests.

– This evidence must contradict evidence presented during the defense’s case.

Anatomy of a Jury Trial

• Closing Arguments– Closing arguments allow both sides to argue to the

jury why it should find in their favor. The lawyers will summarize all of the evidence presented in the case and why it supports their theory.

Anatomy of a Jury Trial

– They will also show why evidence that harms their theory shouldn’t be believed. As with all other parts of a case, the prosecution must make a closing argument while the defense doesn’t have to do anything unless they want to.

Anatomy of a Jury Trial

• Charging Conference

Anatomy of a Jury Trial

• Jury Instructions

Anatomy of a Jury Trial

• Jury deliberations– After closing arguments are complete, the defense

will once again make a motion for a judgment of acquittal. This will usually be denied and the case will be given to the jury.

– The jury will go back into the jury room with all of the evidence to deliberate. In other words, to discuss the case among themselves.

– Deliberations continue until the jury comes to unanimous agreement on a verdict for all of the crimes charged.

Anatomy of a Jury Trial

– If the jury cannot reach an agreement, the judge will typically instruct them to keep trying. However, if the jury still cannot reach an agreement after deliberations have continued for a while, the judge will declare a mistrial.

Anatomy of a Jury Trial

• Verdict– If a jury reaches a verdict, they will return to the

courtroom and the verdict will be read. – If the defendant is found not guilty of all charges, they

will be free to go and any bail money will be returned. – If the defendant is found guilty of one or more

charges, a sentencing date will be set. Depending on the severity of the crime the defendant was convicted of and the potential sentence the defendant faces, the defendant may be held in custody until sentencing or be released until the sentencing date.

Anatomy of a Jury Trial

• Sentencing– If the defendant is convicted, the judge will decide

on the appropriate punishment for the defendant’s crime(s) based on the sentencing range for the degree of crime(s) the defendant was convicted of and by weighing and balancing the mitigating and aggravating factors

Anatomy of a Jury Trial

• Appeal– If convicted, the defendant is given an opportunity

to challenge the outcome of the case itself including the sentence imposed by the judge