Jury Trial

The Jury Trial

A Word About Jury Duty by Randy England

If you have ever you been called to jury duty, you may have wondered how you were picked to serve. We often hear that the defendant is guaranteed a jury of his peers. The Magna Carta guaranteed a jury of one’s peers. In Britain, a peer is a member of the nobility.

We tend to think of our peers as those of similar social standing. A surgeon being sued for malpractice might then be entitled to a jury of physicians. The drunk-driving defendant might argue that his beer drinking companions are his peers.

In fact, there is no right to a jury of one’s peers. Our state and federal constitution provide instead, for trial by an impartial jury. Jurors must be chosen from a fair cross-section of citizens of the state and county. That cross-section is drawn from a random list of licensed drivers, aged twenty-one or over.

Juror questionnaires are sent to the prospective jurors and the selection process begins. What do you do for a living? Do you read, speak and understand English? Are you a convicted felon? These are some of the questions. No felon, no active duty soldier and no lawyer may serve on a jury. Go figure.

Some persons may serve, but will be excused if they request it: clergymen, doctors, dentists, pharmacists and those who have served on a jury during the last year. Extreme hardship or public safety concerns may also release a juror. Until 1979, any woman could be excused from jury duty simply by asking. That year, the U.S. Supreme Court declared that loophole unconstitutional.

As the trial date approaches, the court bailiff will summon 35 or more jurors for the jury panel. The jury trial may be a civil trial, for example: one person suing another for money. But more often, the trial will be criminal, with the defendant charged with committing a crime.

Once the jury panel is sworn in and seated, the lawyers get to ask them questions to determine which jurors can be fair and which may tend to favor one side or the other. The judge then asks the panel to leave the courtroom.

The panel goes to the jury room for donuts, while the lawyers do their best to remove jurors whom they believe may not be fair to both sides. The jurors come back into the courtroom and twelve are seated in the jury box. Those who are not selected are thanked by the judge and allowed to leave. The judge tells them they are welcome to stay, but no one ever does. The trial begins.

The Trial Itself

Prosecutor gives an opening statement. He tells the jury what the State’s evidence will be.
Defense may make an opening statement, or may wait until the State has finished presenting evidence.
Prosecutor calls his witnesses, which the defense may cross-examine
When the State’s evidence is complete, the Prosecutor announces: “The State Rests.”
Defense may call witnesses, if it wants, and the prosecutor may cross-examine them. The defendant may testify if he wishes.
The Defense rests
Prosecutor may present "rebuttal" witnesses/evidence to challenge evidence presented by the defendant.
The evidence is closed.
The court reads its instructions to the jury. Part of those instruction may read something like this:

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If you find and believe from the evidence beyond a reasonable doubt:

First, that on or about January 18, 2002, on US Hwy 54, in the County of Audrain, State of Missouri, the defendant operated a motor vehicle, and

Second, that he did so while in an intoxicated condition,

then you will find the defendant guilty of driving while intoxicated.

Prosecutor presents a closing argument to the jury
Defense presents a closing argument to the jury
Prosecutor—who has the burden of proving the charges—makes a rebuttal argument to the jury to respond to the defense closing argument.
Jury deliberates and returns a verdict of guilty or not-guilty. If the jury fails its duty and cannot reach a verdict, the case must be re-tried. This is called a "hung jury."

HUNG JURY