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Find Criminal Trials and Juries Lawyer

Criminal Trials and Juries

The first time most people enter a courtroom it will be due to a trial that in some way involves them. Whether they are called for jury duty or in some way involved with a criminal or civil trial, it is important to have an understanding of juries and criminal proceedings.

Scott R. Scherr, P.A., Attorney at Law

31 years in practice
Auto Accidents, Crimes and Aggravation, Criminal Appeals, Criminal Defense, Criminal Trials and Juries
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The Leier Law Office, LLC

10 years in practice
Crimes and Aggravation, Criminal Defense, Criminal Trials and Juries, Defendant Rights, Domestic Violence
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Scott R. Scherr, P.A., Attorney at Law

31 years in practice
Auto Accidents, Crimes and Aggravation, Criminal Appeals, Criminal Defense, Criminal Trials and Juries
View Profile

The Leier Law Office, LLC

10 years in practice
Crimes and Aggravation, Criminal Defense, Criminal Trials and Juries, Defendant Rights, Domestic Violence
View Profile

Stages of Trial

Trials are highly structured proceedings with strict decorum and clearly defined stages. Understanding these stages can be very helpful for people who are going into a trial for the first time.

Jury Selection

One of the first proper stages of the trial, jury selection occurs after evidence has been gathered and testimonies have been recorded. Selecting a jury is a vital process that ensures the defendant gets a fair trial. A jury is randomly impaneled from a selection of local citizens. Once impaneled, the jury will be examined by both sides to determine whether the members of the jury can be impartial. If evidence of impartiality is discovered, the jury member can be dismissed “for cause.” Additionally, lawyers for both sides have the ability to strike a certain number of jurors with no cause as long as they are not for protected reasons such as race or religion.

Opening Arguments

At the beginning of the trial, both sides may make opening statements to the jury. An opening statement is a summary of the kind of case that will be made by each side and what the evidence will show. While both sides may make a statement, the defense may choose to reserve their right to make an opening statement until after the prosecution has made their case.

The Prosecution’s Case

Following opening statements, the prosecution will begin to make their case. The prosecution will present their evidence and call their witnesses in order to demonstrate that the defendant is likely to be guilty. During this phase, the defense may cross-examine witnesses but may not call any witnesses of their own and may only discuss matters brought up by the prosecution. At the end of this phase, rebuttal witnesses may be called by the defense to refute something brought up by the prosecution.

The Defense’s Case

After the prosecution rests, the defense may begin to present their case. If the defense deferred their opening statement they can make their opener now. The defense can also choose not to present anything and simply claim that the prosecution has failed to meet their burden. In most circumstances, however, the defense will call witnesses and present evidence. In this phase, the prosecution can cross-examine witnesses and at the end of the defense’s case they can call rebuttal witnesses.

Closing Arguments

After both the prosecution and the defense rest their cases, both sides will make their closing arguments. The closing arguments summarize what has been presented and what the jury should consider going into deliberation. There may be demonstratives used in the closing arguments including charts, video evidence, or other visual media.

Deliberation

After closing arguments have been made, the jury will be given instructions and sent to deliberate on the facts of the case. The jury will consider the facts and testimony presented in the trial and decide whether there is sufficient evidence to convict beyond a reasonable doubt. If the jury unanimously agrees on guilt, then the defendant is found guilty. If the jury unanimously votes to acquit, then the defendant is found not guilty. Finally, if the jury cannot reach a consensus, they are declared a “hung jury” and no decision is reached. In the event of a hung jury the case can be retried.

Giving You The Advocacy You Deserve

If you have been accused of a crime and need an effective criminal defense, you will need the help of an experienced criminal defense attorney. A private defense attorney is able to focus completely on your case and devote far more attention to your case than a public defender would be able to.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice criminal law.

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Criminal Trials and Juries Frequently Asked Questions

1. What is the role of a jury in a criminal trial?

Every criminal defendant has a right to have their case heard by a jury of their peers. The jury is responsible for hearing the cases of the defense and prosecution and then deciding whether the burden of proof has been met to prove guilt beyond a reasonable doubt. Ultimately it is the jury who decides whether the charges a defendant is accused of stick.

2. How is a jury selected for a criminal trial and what qualifications must jurors meet?

Juries are meant to be randomly selected from adult citizens in a local area. Jurors are then assessed for impartiality, demonstrating that they will not be biased towards one side or another. If a juror is not found to be impartial, they can be dismissed “for cause” by the attorneys for either side.

3. What is the process of a criminal trial, from jury selection to verdict?

After jury selection, a trial date is set. On the day of the trial’s beginning the jury is impaneled and opening statements are made. The prosecution and defense can both make opening statements at this juncture but the defendant can choose to reserve their opening statement until after the prosecution has made their case.

After opening statements, the prosecution will make their case against the defendant. This will include calling witnesses, presenting evidence, and explaining why the jury should find the defendant guilty. During this phase, the defense will be allowed to cross-examine witnesses. After the prosecution makes their case, the defense may choose to make their case, though if they don’t feel that the prosecution has met their burden, they may instead state as much and move for summary judgment. After the defense makes their case, there will be closing arguments and the jury will be dismissed to deliberate on whether or not the defendant is guilty.

4. What factors are considered in determining the guilt or innocence of a defendant in a criminal trial?

In order to be found guilty, the evidence must be shown to be convincing beyond a reasonable doubt. Beyond a reasonable doubt is a very high standard that means that there is no reasonable alternative to the defendant’s guilt. If this bar is not met by the prosecution, then the defendant should not be found guilty.

5. Can a jury verdict be appealed or overturned?

If the defendant has some reason to believe that the jury was in some way compromised in their trial, then they can appeal their decision to a higher court. If the court of appeals agrees that the jury was in some way compromised, then the results of the trial can be overturned and a new trial may be ordered.

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