Criminal Law-Jury Trial
Under the Sixth Amendment to the Constitution, a defendant in a criminal case has the right to a jury trial. That right to a jury trial is not unlimited—it may not apply to petty offenses. An offense may be characterized as petty if it carries a penalty of potential imprisonment of less than six months. Many states have expanded that right and grant jury trials for any offense that carries potential imprisonment. The right to a jury trial in some states applies to both sides. In other words, not only does the defendant have the right to request a jury trial but the government also has the right to request a jury trial.
The jury in a criminal case in most jurisdictions consists of twelve people. In most jurisdictions, the jury verdict must be unanimous.
The stages of a jury trial in a criminal case are much the same as those previously described in a civil case. Each side has the right to conduct voir dire of the jury in order to determine whether there are any members of the potential jury that may have any bias or predisposition about the case. Once a jury has been selected, the prosecution has the right to make an opening statement, followed by the defendant’s opening statement. Then the government begins its presentation of evidence. At the conclusion of the government’s case, the defendant has a right to make a motion to dismiss the government’s case on the grounds of it being insufficient to justify conviction. Typically, that motion is denied by the court and then the defendant has the right to present his or her evidence.
A distinguishing characteristic of a criminal trial is that the government may not call the defendant to the witness stand. The defendant has an absolute right to be free of self incrimination. Only the defendant can make the decision as to whether he or she testifies. Once the defendant chooses to testify, then he or she is subject to cross-examination by the prosecutor.
