Quick Answer: What Happens At A Jury Trial?

How often is there a hung jury?

Juries that hung on all counts occurred least frequently (8 percent of cases studied).

Juries hung on the first count of the indict- ment (generally the most serious charge) in 10 percent of cases and on at least one count charged in 13 percent of cases..

What cases go to jury trial?

In California criminal cases, a jury trial is where 12 members of the community are assembled to hear the evidence and decide whether or not a defendant is guilty of the crime or crimes with which he or she is charged. All persons accused of misdemeanors or felonies are entitled to a jury trial.

Why are jurors dismissed?

For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit. Each lawyer may request the dismissal of an unlimited number of jurors for cause.

Which is better a bench trial or jury trial?

A bench trial is also faster and the judge often returns a “finding” (the functional equivalent of a verdict) much quicker than in a jury trial. A quicker trial also means the trial is less expensive for the defendant if he has private counsel. … In a felony case, a jury consists of twelve persons.

How many jurors are in a jury?

(a) Number of Jurors. A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c). (b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members.

How long does a trial take?

A trial can last up to several weeks, but most straightforward cases will conclude within a few days. In a typical trial, lawyers on both sides will present their argument with supportive evidence and question witnesses.

How many jurors can be dismissed?

twelve jurorsAt the conclusion of the trial and following the jury charge, a maximum of twelve jurors may deliberate. It requires the judge to pull numbers from a box to determine which jurors should be discharged in order to reduce the number of jurors down to twelve.

What happens on the first day of jury trial?

The first day of trial often includeds meetings with the Judge to decide certain evidentiary issues, stipulations and procedures. It may also inlude jury selection if the case is tried before a jury and not a judge ( bench trial ).

What do you wear to jury selection?

Ties are not required. Jurors should not wear shorts, mini-skirts, tank tops, flip-flops, or hats (except for religious purposes). Jurors who are not appropriately dressed will be sent home and ordered to appear for jury service on a future date. Courtrooms can be cold, so a sweater or jacket is recommended.

Do trials start immediately after jury selection?

After the jury is selected, the trial will begin. … After the closing arguments, the judge will instruct the jury on the applicable law and the case will be turned over to the jury for deliberations. After the jury deliberates, it will return its verdict.

Does jury have to be unanimous?

Usually the court provides the jury with written forms of all possible verdicts, so that when a decision is reached, the jury has only to choose the proper verdict form. In most instances, the verdict in a criminal case must be unanimous. In some states a less than unanimous decision is permitted in civil cases.

What are the 12 steps of a trial?

12 Steps Of A Trial Flashcards PreviewOpening statement made by the prosecutor or plaintiff.Opening statement made by the defendant.Direct examination by plaintiff or prosecutor.Cross examination by defense.Motions.Direct examination by defense.Cross examination by prosecutor or plaintiff.More items…

What four rights does every juror have?

Despite their differing constitutions, all four states have held that a jury has, at most, the power to acquit a guilty man, not the right, and should not be told that it may ignore or nullify the law.

What are the 7 steps in a jury trial?

Criminal Trial PhasesChoosing a Jury.Opening Statements.Witness Testimony and Cross-Examination.Closing Arguments.Jury Instruction.Jury Deliberation and Announcement of Verdict.

Do all 12 jurors have to agree?

All jurors should deliberate and vote on each issue to be decided in the case. … In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.

Do you get sentenced at jury trial?

After all evidence is presented, the judge or jury will consider the evidence and find the Defendant guilty or not guilty. … If found guilty, the judge will set a sentencing hearing and the Defendant will be sentenced on the crimes found guilty of.

What happens when a case goes to trial?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

How does jury trial work?

(In a jury trial, the judge explains to the jury what the applicable law is; the jury then has to apply that law to the evidence and determine the verdict). A criminal trial must always begin with 12 jurors, and the law allows for up to two to be excused as the trial proceeds.