Jury trials in depth

On this page:

  • The guess's opening remarks
  • The prosecution'due south case
  • The defence force'south case
  • Closing speeches and summing upwards
  • Deliberations in the jury room
  • The verdict
  • Example of a court room

The estimate'south opening remarks

The guess usually makes opening remarks at the beginning of the trial. The judge talks about the trial and may as well describe their own part in a jury trial. An important part of the judge's role is to explain the law to y'all and help you understand the evidence that'due south presented to the court.

The judge also makes sure the trial is fair and follows the constabulary. At the end of the trial, the estimate will summarise the evidence before yous brainstorm to deliberate (make up one's mind on a verdict).

The prosecution's case

The prosecution begins their case with an opening statement in which they tell you what the accused has been charged with. They may too explicate the kinds of evidence they'll give to bear witness that the defendant is guilty.

The defence force may brand a cursory opening statement to identify the issues in the trial.

Then the prosecution's witnesses are called to testify one by one. In each instance, the prosecution questions the witness starting time. And so the defense force has a risk to question (cross-examine) the witness. Sometimes the witness is questioned again (re-examined) by the prosecution. The judge may question the witness at any time.

Equally a juror, sometimes y'all tin can ask questions too. However, you should relieve these until the prosecution, defence and approximate have all examined the witness. You lot tin then write your question down and pass it to the foreperson to requite to the judge. The gauge decides if they will ask the witness your question.

The defence's instance

Later the prosecution has presented all their evidence, the defense may or may not present testify. If they do intend to phone call witnesses, the defence may nowadays an opening statement. The defence will and so question each witness first. The prosecution is then allowed to cross-examine the witness, who may in plough exist re-examined past the defence. The judge and jury can ask questions, every bit they can during the prosecution phase.

Endmost addresses and summing upward

When all the evidence has been presented, the prosecution and defence force will brand closing statements to the jury.

After the closing statements, the guess summarises the example and describes how the law applies to it. The guess describes and explains the show that the prosecution and defence take presented. The judge will then direct you on the issues you'll need to consider when deciding on your verdict. The judge will also straight you on the police. Yous must accept what the judge says about the police force. Yet, it'due south for you to decide what the facts are based on the evidence you lot've heard in court.

Deliberations in the jury room

Later the judge has summed up the instance, you'll exist directed to the jury room to decide your verdict. You can become home at the terminate of each day fifty-fifty if you haven't reached a verdict. Yous must return the following morning to keep your deliberation.

On rare occasions, the judge might tell you that you've been 'sequestered' as a jury. This means you'll have to stay together until you determine on a verdict. If you need more than one day to decide on a verdict, the courtroom will provide you with accommodation and other necessities. Juries are rarely sequestered.

The jury room is private. Just jurors and courtroom staff are allowed in. You're not allowed to talk with anyone exterior the jury room while yous deliberate. If you need to communicate with anyone outside, you lot must give the courtroom staff a message to pass on.

You're expected to decide on a verdict by discussing the case and the prove with the other jurors. Court exhibits may exist provided to aid with this. (Court exhibits are pieces of physical evidence that take been presented in the trial. They mustn't exist interfered with, changed, marked, damaged or removed from the court.)

If you lot take a question well-nigh the constabulary or the evidence while you're deliberating, write it down and give it to your foreperson to give to the court attendant. They'll hand your question to the judge.

The verdict

In Aotearoa New Zealand, the jury must endeavor to accomplish a unanimous verdict. This means that everyone on the jury agrees that the accused is guilty or not guilty.

If you and the other jury members accept reached a unanimous verdict, the foreperson tells the court attendant. The jury returns to the jury box, and the defendant is brought back into court. The court registrar asks the foreperson whether the whole jury has agreed on a verdict. The court registrar then asks the foreperson whether the verdict is guilty or non guilty on each of the charges confronting the accused. The court registrar asks whether the jury all agree. You must show that you agree by saying 'yes' or nodding.

If the jury can't reach a unanimous verdict after a reasonable time, the judge may accept a majority verdict:

  • In criminal cases, this ways ane juror can disagree.
  • In civil cases, one-quarter of the jury can disagree.

If the verdict is not guilty, the accused tin get out.

If the verdict is guilty, the judge usually sets a date for sentencing. Earlier being sentenced, the defendant will either be remanded in custody, remanded on bond or exist released.

 If the gauge hasn't set a engagement and you want to attend the sentencing, you can contact court staff about the details subsequently.

If the jury can't achieve a unanimous verdict or a majority verdict, the estimate may declare a 'hung jury'. When this happens, in that location may be a new trial with a new panel of jurors.

At the end of the trial, y'all'll exist thanked for your service. Your jury service might be finished now, or you may exist asked to come back the side by side mean solar day to take part in the jury selection process for another trial.

Example of a court room

Criminal court courtroom

Key to people shown in the flick

  1. Witness or victim
  2. Support person
  3. Courtroom victim counselor
  4. Defendant
  5. Prosecutor
  6. Defence lawyer
  7. Approximate
  8. Registrar
  9. Jury
  10. Media
  11. Prisoner'southward escort
  12. Public gallery