Pretrial Issues Handled
Before the jury is selected, the judge will ask both the District Attorney and the criminal defense attorney if they have any issues which needed to be handled. In the case I observed, they discussed motions which needed to be decided, any additional charges, and how excited utterance issues would be handled. The judge ruled on each issue, and the day continued.
Jury Selection
Next, jury selection begins. The jury is called, and a large group of people are seated in the courtroom. The judge then welcomes the jury to the courtroom, thanking them for taking the time to appear, and explains the next few steps. She then swears in all the potential jurors, explains how the burden of proof is in the hands of the prosecution – and that they must prove the defendant’s guilt beyond a reasonable doubt. The judge then asks general questions in order to eliminate people who are unfit to serve. Questions include whether or not any of them have difficulty understanding the English language, or whether or not they are a citizen. Next, the judge reads the name of 12 jurors, who are then seated in the jury box. The judge asks more specific questions, such as whether or not they have ever been the victim of a crime. Then, each juror goes through a list of information about themselves, such as their name, job description, level of education, number of children, marital status, etc.
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Voir Dire
The next step of the process is for the District Attorney and the defense attorney to take turns speaking to the jury. This is called “Voir Dire.” This phrase originally referred to an oath taken by jurors to tell the truth. Both the prosecution and defense have a chance to explain what they are looking for in a juror. In the case I observed, the DA discussed each person’s ability to pay attention to detail and make decisions in their own lives. He also focused on each person’s ability to determine whether a person or an idea was credible. The criminal defense attorney from our office spoke to the jurors about the burden of proof – how the prosecution had the burden to prove beyond a reasonable doubt that the defendant was guilty.
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DA and Defense Choose Jurors
The next step in the jury selection process is for the DA and the defense to remove half of the jurors from the jury box. Each side is able to remove 3. A piece of paper is passed back and forth until the process is complete. Finally, the judge read the name of the 6 jurors left. Those not chosen are excused, and the final six are officially sworn in. The judge then explained the process of the next few hours to the jury, and the trial begins.
Opening Statements
The next step of a jury trial is the opening statements of the prosecution and defense. The judge determines how long each of them has to speak to the jury. It is stressed to the jurors that opening statements are not evidence to be considered in the case. But, in my opinion, it is difficult to separate evidence from storytelling in a criminal case – the jury can’t help but make an opinion when both sides speak.
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The Prosecution’s Statements
In the trial I observed, the District Attorney began his 15 minute speech dramatically. Throughout his opening statements, he focused on the emotional aspects of the case. He spoke in a way which highlighted the alleged victim’s weakness and vulnerability, invoking a sense of pity and the woman’s bravery. It struck me that this was like a play – this prosecutor was working hard to create an emotional response from the jury in order to win this case. He was trying to win the case through storytelling.
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The Defense’s Statements
Next, the criminal defense attorney from the O’Malley Law Office spoke. His approach was different – instead of emotionalizing the case, he focused on the jury’s duty to weigh the evidence and hold the DA to a high standard. He explained that the defendant could remain silent in a criminal case – he or she has a right to do nothing. The prosecution must prove beyond a reasonable doubt that the crime occurred. During his statements, the defense attorney taught the jury their duty and gave them instruction on how to carry it out.
Witnesses for the Prosecution Take the Stand
The next step is the DA calling their first witness. The witness is called, sworn in by the judge, and takes the stand. The District Attorney then asks the witness general questions, establishing their identity. The DA then asks questions designed to get the answer he is looking for – careful not to ask anything he doesn’t want shared in the courtroom. Then, the defense is allowed to cross-examine the witness. Once the defense has finished cross-examination, the DA is asked if they have any follow up questions. If not, the witness is dismissed. The types of witnesses called include:
- Police Officers involved in the case
- DA Investigators involved in the case
- Alleged victim
- Relations to the alleged victim
Witnesses for the Defense Take the Stand
The next step is for the defense to call their witnesses to the stand. Possible witnesses include:
- Police investigators involved in the case
- Expert witnesses adding credibility to evidence
- Defendant (who is not required to testify)
- Character witnesses for Defendant
When the defense calls a witness, the prosecution is allowed to cross-examine any of their witnesses.
Jury Instructions Handled
At this point in the case, the jury is excused from the room while jury instructions are drafted and reworded. Because jurors don’t have a strong grasp of the law, it is explained to them by individual rules related to the specific case. The court has general instructions, but the defense and prosecution are allowed to submit their own to the court. The judge is the final say on whether or not a jury instruction is allowed. Included in the instructions is the defense’s theory of the case – which provides a simple overview of the defendant’s perspective to the jury. Jury instructions are the legal rules a jury must follow. The jury is allowed back into the room at this point and the instructions are read to them.
Closing Arguments
Next, closing arguments begin. The judge determines how long each side has to speak to the jury.
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The Prosecution’s Closing Arguments
In the case I observed, the District Attorney focused again on the emotional aspects of the case. In this specific case, the story they had created was all they had. It hit me once again that the DA had rehearsed this speech – it was a well-practiced story told with emotion and dramatics.
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The Defense’s Closing Arguments
In the case I observed, the criminal defense attorney from the O’Malley Law Office once again focused on the jury’s duty to hold the DA to a high standard of evidence. He explained to the jury that they had a duty to return a not guilty verdict if the prosecution hadn’t proved beyond a reasonable doubt that the crime had occurred – even if they felt something had “probably” occurred. He explained exactly what “reasonable doubt” meant, and applied it to the jurors’ own lives.
A Verdict is Reached
Once closing arguments are over, the jury is ushered to the jury room, where they are allowed to discuss the case and deliberate. During this process, they choose a jury foreman to oversee the discussion. Once they have reached a unanimous verdict, they return to the jury box and the foreman gives the verdict to the judge. The judge then reads the verdict to the courtroom. In the case I observed, we all waited nervously for the verdict, and heard: “Not guilty.” We thanked God for the win and rejoiced!
Why You Need an Attorney for a Jury Trial
I was impressed by one thing as I watched my first trial: A jury trial is like a game. The entire process has so many rules and regulations I didn’t grasp, and it was apparent that the DA and defense attorney were focused on telling the best story. I read an article the other day which I couldn’t agree with more:
“The trial of a case is nothing more than the telling of a story. Therefore, in order to be good trial lawyers, we must be good storytellers.”
Criminal defense attorneys are trained to weave a story based on the evidence. They are trained to understand the way a court works. And, in the case of the attorneys at the O’Malley Law Office, they have years of experience in the courtroom, so they know when to revise a plan of action as the evidence is reached. I was struck with the importance of having a criminal defense attorney as an advocate in a jury trial. If ever I am charged with a crime, the first thing I will do is to contact an experienced criminal defense attorney. The good outcome of a jury trial depends on it.