criminal jury trial process in california
DESCRIPTION
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. Learn more about criminal jury trial process in California in this presentation.TRANSCRIPT
CRIMINAL JURY TRIAL PROCESS IN
CALIFORNIA
The AccusedIN CALIFORNIA
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
TheSIXTH AMENDMENT
“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.”
Article 1, SECTION 16 OF THE
CALIFORNIA CONSTITUTION
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
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
AlternativesTO A JURY TRIAL
No one can take away Constitutional rights
You can waive your rights
You might waive a jury trial because you reached an
agreement with prosecutor and are entering into a plea
agreement
You might also waive your right because you elect to have
a trial by judge instead
Jury Selection (Voir Dire)PROSPECTIVE JURY
POOL
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
Juror QUESTIONING
Judge explains case to prospective jurors, and explains duties and
responsibilitiesJudge provides name of parties involved
in caseJurors 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
ChallengesFOR CAUSE
Challenge for cause requires a reason such as the prospective juror knows a party to the case
outside of the courtroom
Peremptory CHALLENGES
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” reasonAfter all peremptory challenges used by both sides the remaining 12 people (plus
alternates) make up the final jury
TheTRIAL
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
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
Deliberation
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
Advantages and Disadvantages TO A JURY TRIAL
Consult with California criminal defense attorney
before making decision regarding jury trial options
Certain degree of risk with jury trial because it is
impossible to know who will be on jury
Jurors could relate well to you or could be unable to relate
Your attorney should be able to evaluate the facts of your
case and provide insight into a
typical jury in the area
LEARN MORE ABOUT CRIMINAL JURY TRIAL PROCESS IN CALIFORNIA
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