Jury trial

A jury trial is a trial where a judge or judges are supplemented by a jury, made up of citizens who are usually randomly selected and are generally not justice professionals. Juries are most commonly associated with common law jurisdictions. However some civil law jurisdictions also involve juries or lay assessors.

The United States

In the United States every person accused of a felony has a constitutional right to a trial by jury, which arises from the 6th amendment that states in part: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have abrogated that right in offenses punishable by fine only.

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Criminal Trial procedure

A jury trial starts with the arrest or formal accusation of the defendant when the prosecutor (who represents the government) files an indictment or an information. The defendant is brought before the judge and informed of the charges against him, and usually informed of other rights including the right to counsel from an attorney. After that there is usually a period of preparation for both parties, during which there may be negotiations for a plea bargain, pleadings may be filed or motions made, and any other actions considered preparatory.

Related Topics:
Defendant - Prosecutor - Indictment - Judge - Plea bargain - Pleadings

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On the day of trial the court (or clerk of the court) convenes a panel of members of the public from whom a jury will be selected. Both sides are asked if they are "ready," (a technical term), and if answered in the affirmative the court procedes to voir dire. During voir dire the judge and/or attorneys involved may question the potential jurors to varying degrees depending on the jurisdiction. At the conclusion of the questioning (or sometimes during in certain jurisdictions) the attorneys may request that certain members of the panel not sit on the jury through a "peremptory strike" or a "strike for cause." After the strikes the court impanels the jury by administering an oath. In most jurisdictions the jury consists of 12 jurors (and perhaps one or more alternates) for a felony trial, and six jurors for a misdemeanor trial. The judge will then permit the prosecution and defense to make opening statements.

Related Topics:
Voir dire - Peremptory strike - Strike for cause - Jurors - Felony - Misdemeanor

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The prosecutor (except in very rare circumstances) then begins to present their case. Prosecutors go first because they have the burden of proving beyond a reasonable doubt that the defendant committed the crime of which they have been accused. The prosecutor may present evidence as simple as one person's testimony, up to and as complicated as months of scientific evidence and expert testimony. Any evidence must be in accordance with the rules of evidence, and all disputes are handled through objections by the opposing party and rulings by the judge. At the completion of the presentation of this evidence, the prosecutor "rests".

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The defendant is then permitted to present evidence in the same manner and form as the prosecutor, but is not required to do anything as the burden of proof rests solely on the prosecutor. The defense will then rest. There may then be a rebuttal by the prosecution (if reserved), and sometimes a rebuttal by the defense.

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When both parties have rested, the court will direct them to begin closing statements (also called "summation" in some jurisdictions). The prosecutor goes first, followed by the defense, and then the prosecutor is permitted to speak again. Once again, this is because the prosecution bears the sole burden of proving that the defendant committed the crime, and because of that is allowed to speak first and last.

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The jury will then be instructed on the law by the judge in the form of a jury instruction and/or charge. The jury will then be directed to a private room where they will select a foreperson and decide whether the defendant committed the acts of which he was accused. Upon making a determination they will inform the bailif, who will inform the judge.

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All parties will be recalled to the courtroom, where the judge will ask the jurors if they have reached a verdict. If they answer in the affirmative the verdict will be read by the judge or clerk or foreperson (depending on jurisdiction). If the verdict is not guilty the defendant will be released (for that charge). If the verdict is guilty the defendant will be sentenced.

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In capital cases and other criminal cases (depending on jurisdiction) the jury may be held to determine the sentence for a crime. What follows is a mini-trial or hearing in which the prosecution and defense may present evidence of mitigation and aggravation of the crime, and then have a sentence imposed.

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Civil Trial Procedure

Note: in the United States "Civil" denotes non-criminal actions and should not be confused with Civil law jurisdictions.

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In the United States, typical civil trial procedure is very similar to criminal trial procedure. The right to trial by jury is guaranteed by the 7th Amendment, which provides: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." http://www.gpoaccess.gov/constitution/html/amdt7.html In 's 1883 treatise Commentaries on the Constitution of the United States, he wrote, "t is a most important and valuable amendment; and places upon the high ground of constitutional right the inestimable privilege of a trial by jury in civil cases, a privilege scarcely inferior to that in criminal cases, which is conceded by all to be essential to political and civil liberty."

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Following the English tradition, U.S. juries have usually been comprised of 12 jurors, and the jury's verdict was required to be unanimous. However, in many jurisdictions, the number of jurors is often reduced to a lesser number (such as six) by legislative enactment, or by agreement of both sides. Some jurisdictions also permit a verdict to be returned despite the dissent of one or two jurors.

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Waiver of jury trial

The vast majority of US criminal cases are not concluded with a jury verdict, but rather by plea bargain. Both prosecutors and defendants often have a strong interest in resolving the criminal case by negotiation resulting in a plea bargain. If the defendant waives a jury trial, a bench trial is held.

Related Topics:
Criminal - Prosecutor - Defendant - Negotiation - Bench trial

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In United States Federal courts, there is no absolute right to waive a jury trial. Only if the prosecution and the court consent may a defendant have a waiver of jury trial. However, most states give the defendant the absolute right to waive a jury trial.

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Blanton v. City of North Las Vegas

In Blanton v. City of North Las Vegas (US-1989) it was ruled: "offenses for which the maximum period of incarceration is six months, or less, are presumptively petty...a defendant can overcome this, and become entitled to a jury trial,..by showing that additional penalties ...are...so severe that the legislature clearly determined that the offense is a serious one."

Related Topics:
Blanton v. City of North Las Vegas - 1989 - Incarceration - Monetary

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