By: Gregory Rollins
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The Life of A Jury Trial
Here are 10 steps in the life of a jury trial from the moment the case is sent to a trial courtroom.
- Pretrial Motions: At the start of a trial, the opposing lawyers and the judge will often get together to address any potential legal issues in the case. These pretrial motions are ruled upon outside of the presence of the jury. These pretrial rulings often times dictate what evidence will or will not be admissible during the trial.
- Jury Selection/Voir Dire: Citizens from the community are called into court to serve as potential jurors on the case. During jury selection, the judge and the lawyers will “voir dire” prospective jurors by asking them questions to determine whether they will be a good fit for the case. Both attorneys can excuse up to a certain amount of jurors that they believe will not be a good fit for the case. Once both sides agree on the same prospective jurors, the jury is sworn in.
- Opening Statements: Once the jury has been selected and sworn in, both side are given an opportunity to make an opening statement. The prosecution goes first, followed by the defense. The purpose of the opening statement is to give the jury an overview of what each side believes the evidence will show once it is introduced.
- Prosecution’s Case: After opening statements, the prosecution presents evidence to the jury. The prosecution has the burden of proving each and every charge beyond a reasonable doubt, so the burden is on the prosecution to present sufficient evidence for the jury to be convinced beyond a reasonable doubt that the defendant committed the charged crimes.
- Defense’s Case: After the prosecution presents their evidence, the defense has an opportunity to present any evidence it would like the jury to consider. The defense is never required to present any evidence since the burden of proof is on the prosecution to prove the case.
- Prosecution Rebuttal: After the defense presents evidence, the prosecution has an opportunity to present any additional evidence to rebut evidence presented by the defense during the defense’s case.
- Defense rebuttal: After the prosecution presents any rebuttal evidence, the defense has an opportunity to present any additional evidence to rebut evidence presented by the prosecution during the prosecution’s rebuttal case.
- Jury Instructions: Once all the evidence has been presented, the case becomes closed to evidence. The lawyers will discuss and agree upon what instructions should be read to the jury. The jury instructions are then read to the jury by the judge. The jury instructions are used to instruct the jury on the principles of law that govern the case and their decision making process.
- Closing Arguments: During closing arguments, the lawyers have a final opportunity to address the jury. Both lawyers make a persuasive argument to the jury about what they think the evidence shows, and why the jury should reach a particular verdict. The prosecution makes the first argument. The defense then makes their argument. Finally, the prosecution has a final opportunity to give a rebuttal argument to address the defense’s closing argument since the prosecution has the burden of proof.
- Verdict/Sentencing: After closing arguments are concluded, the jury is excused to deliberate the case in private. In order for the jury to reach a verdict, all the jurors must agree upon the same verdict. When the jurors are not able to come to a unanimous decision, the jury is called a “hung jury,” and the case may have to be retried another time. If the jury unanimously votes “not guilty,” the defendant is released and the case is over. If the jury unanimously votes “guilty,” the defendant will be sentenced to a punishment by the judge based on the charges he was convicted of.
- Riverside County Felony Case Process General Overview
- Riverside County Misdemeanor Case Process General Overview
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused, provide meaningful legal advice to his clients, and to fight for the best possible outcome for every client in every case. If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected.
Contact criminal defense attorney and former prosecutor Gregory Rollins to set up a free consultation.