Jury Trial
Introduction
A trial by the jury constitutes of a legal process in which an impartial jury comes up with a decision or factual findings for application by the judge. In this discussion, I look at the main steps involved in a jury trial as well as the selection of an unbiased as well as fair jury. I also briefly look at the constitutional rights enacted during a jury trial.
The steps in a jury trial
There are mainly five steps involved in a jury trial. Below are the five steps that briefly describe the trial from the selection of the jury to the verdict
Jury selection
In this stage a prospective jurors are called from the jury assembly room into the courtroom at the request of the judge. This marks the beginning of the selection of jury. Once in the courtroom, the jurors swear that they shall give an honest answer to any question asked with regard to their qualification to act as jurors in the case. Once the jurors are in the jury box, the judge reads to them the particulars of the case and this is followed by a questioning section where the judge and the attorneys try to establish if the jurors are independent and fair. There is also the concept of challenge which a lawyer might want to use to excuse a juror for one reason or another. Once the selection process is done, the jurors take an oath to try the pending case truly with regard to the court’s instructions and the presented evidence.
The trial
The jurors duties during the trial include the duty not to talk to others on any mater concerning the case, the duty not to conduct own investigation with regard to the case and a duty not to make up own mind before hearing all the evidence (Bogira 2005). In this stage, remarks are delivered by the judge and thereafter opening speeches by the counsel. This is followed by the direct as well as cross-examination of witnesses and presentation of the exhibit. On presentation of all the necessary evidence, the counsel gives the closing arguments.
The judge’s charge to the jury
In this step, instructions as to what laws are applicable to the case and their meaning are given by the judge. This judge also explains all the relevant points of the law and a review of the various procedures to be applied in coming up with a verdict is carried out.
Deliberation of the jury
This step involves the selection of the foreperson of jury who is charged with overseeing a free and orderly discussion. The jury in this stage discusses the case so as to come up with a decision after which each juror influenced only by his or her own fair and unbiased conviction votes.
The verdict
An announcement of the decision is made by the foreman once the jury returns to the courtroom. The verdict must be unanimous in civil as well as criminal cases. In criminal cases, the verdict is presented in a verbal form while in civil cases, the verdict is presented in writing.
Constitutional trial rights enacted during a jury trial
According to Bogira (2005), some of the constitutional rights enacted during a jury trial include tight to a speedy and public trial by a jury that is impartial, right to jury trial in civil suits and the right to a lawyer during a trial. Other fundamental rights with regard to criminal defendants include the right to confront witnesses, the right for a public trial, the right of representation by an attorney as well as the right to be subjected to two trials with regard to the same offense.
Conclusion
It is good to note that the existence of jurors is often viewed as a vital check against state power and is cited as contributing towards a more fair hearing.
References
Bogira, S. (2005). Courtroom three hundred and two. Alfred A. Knopf
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