Introduction
Marder (2005) reports that jury trials are commonly used in the criminal trials in the common law legal system. The United States is famous for its consistence use of juries over bench judges in criminal legal tussles. The use of juries has extended to include civil cases in the United States and Canada. The jury process in the United States tends to be high profile discussions. However, legal scholars admit that the public exaggerate how often juries are used. Marder (2005) adds that, in the United States, there about 150, 000 thousand cases every year in the state Courts. Only 5,000 jury cases make it to the Federal Courts a year. Over seventy-five percent of the jury cases are criminal in nature Individuals charged criminal offenses are guaranteed the right of jury trial by the constitution. The individuals can also opt for bench trial where the judge has the final verdict. The jury trial provides the best outcome for most criminal cases. The jury process is a calculated systematic process that guarantees fairness and equity.
Selecting the Jury
According to Kevin Churchill (2012), Jurors are selected from a jury pool that is generated by a random selection process from registers voters and driving license holders from a specific state. The randomly selected jurors complete questionnaires to assess their potential of performing jury duty. The Court then randomly selects individuals to appear for jury duty. The representation must take into consideration the racial makeup, gender and nationality of origin. The selection into the jury does not mean that the individual will serve into the jury. The selected jurors are subjected to a series of test to determine their eligibility. Jackson County Court website (2012) reports that the first step of the jury process is called the selection and has latin word for called “voir Dire”. The United States citizens are summoned to the court for the function of being the jury. The first stage includes a much bigger group of the selected individuals also called jurors. However, the prosecuting team and the defense teams remove the names the excess jurors. For criminal cases, the number of citizens required for high crimes (felony). However, for small cases like misdemeanor only six jurors are required (Churchill, 2012).
Nolo.com a website for criminal trial procedures documented that the jury selection process is an essential part of the trial since it helps in the determination of critical facets of the case. The defense and the prosecuting team examine the jury to evaluate their credibility. This if often done to account for any biases. An indication of bias leads to the removal of juror. The history of the juror pertaining to the case in question determines whether the juror is eligible or not. If the juror has a history with a dislike for the police, he will be considered bias to the police side. Similarly, if the juror is too close to the police, he or she will also be removed on account of the probability of siding with the police officers. In addition to determining bias, the jury will also be given the opportunity to bond with the attorneys. If there is the lack of chemistry with the attorneys in the defense or prosecuting team, the attorney can make a case for the juror to be excluded from the process.
Once the jury has been selected, members are sworn in, and the trial begins. Jurors are constitutionally required keep secrecy of their involvement with the case and to avoid making judgments on the case until all evidence has been assessed (NOlo, 2012). The trial process commences with the opening statements. Opening statements serve as precursors to the case. In the opening trial, the attorney on both sides argues the cases by stating the facts that will come out during the rest of the trial. Jurors are advised not use the statements as evidence. In this process, a competent lawyer makes sure that they influence the jury by carefully using words to appeal to them. The objective is often to make sure that the jury begins to lean on their way.
Witness Testimony
During this process, evidence is presented to the trial and exposed to the jury. The evidence includes but is not limited to the witnesses testimony. In some cases, the witness function as layers of foundation for the admission of tangible evidence, such as a witnesses who did not see the actual crime but possessed vital information that could be helpful to the resolution of the case. After laying evidences, each part of the case is allowed the chance to cross-examine each other. The attorney who cross-examine the witness is allowed more power. The attorney can also ask leading questions that may suggest an affirmative answer. At the closing stage, the attorneys get the chance to argue their cases with limited restrictions from the jury. The attorney gets uses the platform to not only tells the facts as in the opening statements, but also openly persuade the jury by explaining in details the content of the facts. The elaborate explanations give the jury a chance to evaluate the contents and weight of each argument.
The Verdict
The verdict is the final stage after the closing arguments. In the verdict, the jury determines the case by its legal definition. The attorney’s then explains all the details pertaining to the case. The jury moves to the jury room to deliberate on their verdict. In the jury room, the jury is tasked to select a foreperson who in charge of ensuring open and orderly discussions. The issues beforehand are then thoroughly explored and discussed. The foreperson also has the responsibility of providing the results of the jury to the Court.
At the deliberation stage, exhibits used as evidence are made available for reexamination by the judge. The aim is to produce a judgment that is substantiated beyond the reasonable doubt. For civil cases, if the majority of the jury supports one side, then that side becomes victorious. However, in a criminal case, the state must prove without doubt that the accused is guilty. For a criminal case, all the jurors must agree on the on the guilt charges. If the jury cannot get a unanimous verdict, the case may be referred for another hearing. The losing side is then asked to poll the jury by asking each individual on what side they voted. At this stage, the jury is instructed about the law related to the case. The instructions help the jury to apply specifics of the law to the case. The judges’ instructions on the law must be followed even if the judges interpretations might be different with the juror’s understanding of that clause of the law. If the juror has a question to the judge, he or she is free to ask for the sake of clarifications. However, the questions must be channeled through the judge’s staff.
References
Churchill, K. (2012). Jury Trial. Retrieved August 6, 2012, from | Court Process website: http://www.denvercriminalattorney.com/denver_court_process/jury_trial.html
Jackson County. (2012). Jury Service. Retrieved August 5, 2012, from 16th Judicial Court of Jackson County website: http://www.16thcircuit.org/Depts/JRY/jury_trials.asp?dept=jry
Marder, N. (2005). The jury process. NY: Foundation Press,
NOlO.com. (2012). Criminal Trial Procedures: An Overview. Retrieved August 6, 2012, from http://www.nolo.com/legal-encyclopedia/criminal-trial-procedures-overview-29509
