Criminal Jury Trial Process in California

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Criminal Jury Trial Process In California

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The Accused
in California
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The accused in a criminal prosecution in the
state of California has a right to have their
case heard, and decided, by a jury of their peers
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The
Sixth Amendment
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In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by
an impartial jury of the State and district
wherein the crime shall have been committed,
which district shall have been previously
ascertained by law, and to be informed of the
nature and cause of the accusation to be
confronted with the witnesses against him to
have compulsory process for obtaining witnesses
in his favor, and to have the Assistance of
Counsel for his defence.
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Article 1, Section 16 of the California
Constitution
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TRIAL BY JURY is an inviolate right and shall be
secured to all, but in a civil cause
three-fourths of the jury may render a verdict
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A jury may be waived in a criminal cause by the
consent of both parties expressed in open court
by the defendant and the defendant's counsel
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Alternatives
to a Jury Trial
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No one can take away Constitutional rights
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You can waive your rights
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You might waive a jury trial because you reached
an agreement with prosecutor and are entering
into a plea agreement
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You might also waive your right because you elect
to have a trial by judge instead
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Jury Selection (Voir Dire)
Prospective Jury Pool
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Right to a jury of your peers
Prospective juror names randomly pulled from
voter registration records and motor vehicle
registrations
Summoned to appear for jury duty
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Juror Questioning
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Judge explains case to prospective jurors, and
explains duties and responsibilities
Judge provides name of parties involved in case
Jurors are questioned by prosecutor and defense
attorney
Judge may also question prospective jurors
Purpose is to determine if a prospective juror
has a bias
Also used to decide if parties want the
individual to be part of the final jury
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Challenges
for Cause
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Challenge for cause requires a reason such as the
prospective juror knows a party to the case
outside of the courtroom
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Peremptory Challenges
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Do not require a reason
Each side entitled to 10 peremptory challenges in
criminal jury trial
Each side entitled to 20 if death penalty/life in
prison case
Used to keep someone off the jury for a reason
that does not qualify as a for cause reason
After all peremptory challenges used by both
sides the remaining 12 people (plus alternates)
make up the final jury
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The
Trial
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Opening statements made by both sides
Burden on state to prove defendant guilty beyond
a reasonable doubt
Witnesses testify and evidence introduced
Defense not required to present any evidence but
usually does
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Defendant and attorney decide if defendant
testifies
Closing statements by both sides
Judge instructs jurors what they do next and what
the rules on regarding deliberation
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Deliberation
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Jurors sent to separate room to deliberate
Elect a foreperson
Discuss and deliberate case
Must reach a unanimous verdict
If cannot reach unanimous verdict referred to as
a hung jury and case must be re-tried
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Advantages and Disadvantages to a Jury Trial
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Consult with California criminal defense
attorney before making decision regarding jury
trial options
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Certain degree of risk with jury trial because
it is impossible to know who will be on jury
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Jurors could relate well to you or could be
unable to relate
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Your attorney should be able to evaluate the
facts of your case and provide insight into a
typical jury in the area
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LEARN MORE ABOUT CRIMINAL JURY TRIAL PROCESS IN
CALIFORNIA
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