How do juries work

The judge decides the outcome of an objection, sometimes after allowing attorneys on both sides to comment before making a ruling. Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury.

These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty. After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers.

If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant.

After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court. Everyone is present in court for the reading of the verdict. The United States Marshals Service is present during trial to protect the judge and prosecutors from potential harm. If the defendant is found not guilty, they are usually free to go home.

You are here U. Attorneys » Justice Trial After many weeks or months of preparation, the prosecutor is ready for the most important part of his job: the trial. Jury Selection At trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. Presentment of Cases Witness Examination Following opening statements, the prosecutor begins direct examination of his first witness.

Relevance — Testimony and evidence presented at trial must be relevant to the case. Was this page helpful? A judge oversees the jury empanelment process and once a jury is selected, the trial begins immediately. On most days, those people not selected as a juror on a trial by the end of the day go home, their jury service having been completed simply by making themselves available to potentially serve on a trial.

On some days, these people may have to return the following day. Jury service is one of the most important civic duties you may be called upon to undertake. Much like voting, jury service is a compulsory right and responsibility of citizenship in Australia. If you get notified you have been randomly selected, you must complete the eligibility form and submit it to Juries Victoria.

This determines whether you are eligible for jury service. There are a number of circumstances laid out in the Juries Act Vic which may mean you are ineligible for jury service. There are also valid reasons to be excused from jury service, which are listed on your form. If you are deemed eligible by Juries Victoria, you will be sent a summons. You are legally obligated to attend court as summonsed, unless you are deferred or excused by our office prior to your summons date.

Failure to attend as summonsed can attract significant penalties. Your employer is legally obligated to pay you the difference between this amount and what you would reasonably have expected to have earned had you worked instead of attended jury service.

You can find out more about work and payment here. Jury Summons Jury Summons What you need to do if you've received a summons for jury service. Serving on a Jury Serving on a Jury What you can expect if you're selected as a juror on a trial. Work and payment Work and payment Find out about your work and pay entitlements while attending jury service.

Employers Information for employers Information for employers Find out what's involved and what you can expect if your employee has been selected for jury service.

Employer work and payment obligations Employer work and payment obligations Find out what your legal obligations to your employees are in relation to their jury service. Legislation Legislation Detailed information on the relevant legislation outlining the obligations of employers. About Juries Victoria What is jury service? Youths appearing in court sit next to the dock. They swear the jury and co-ordinate the court proceedings. Once a jury has been chosen, two jury keepers usually members of court security staff are also sworn.

Their job is to make sure that no one contacts jurors during the trial and to provide a way for jurors to communicate with the court. Also known as counsel, barristers wear black robes and wigs. Prosecution counsel presents the evidence against the defendant to the court. Sometimes solicitor advocates will present evidence in the Crown Court in place of a barrister.

The solicitor advocates will carry out the same role as a barrister but don't wear a wig or gown. Solicitors sit either behind or in front of counsel. They will have previously instructed counsel given them the details of the case before the case has come to court. They don't speak in court except when the jury is being selected. There are many types of witnesses that can be called during a case.

Witnesses may include forensic scientists, police officers, medical experts, eyewitnesses and others. Some evidence is very detailed and specialised. Listen carefully to all the evidence and pay attention to any exhibits, as this will be the basis on which you must decide your verdict. The Crown Court is a court of record. All proceedings are accurately recorded by a digital recording system operated by the court clerk, or by a shorthand writer or stenographer. If there is a stenographer or shorthand writer, they usually sit beside the court clerk and records everything that is said in court.

This record may be used if the case goes to appeal. The case follows a set pattern. The court clerk reads out the charges against the accused person. The prosecution begins by outlining details of the case, calling and questioning witnesses. When the prosecution has finished questioning each witness, it is the defence counsel's turn to question the same witnesses. This is cross-examination. When the prosecution case is complete, the defence follows a similar procedure by calling the witnesses who can be cross-examined by the prosecution.

In a few cases, such as cases involving vulnerable adult or child witnesses, the witness may sit in a separate room in the courthouse and give evidence to the court using video-link equipment. A vulnerable adult or child may have an intermediary present to help them in giving their evidence to the court.

There may be times when the legal professionals and the judge need time to discuss a point of law. The judge will ask the jury to leave the court for a short time. Once the matter has been resolved, the jury will be asked back to the courtroom. When all the evidence has been given, the prosecution and then the defence will make their closing speeches when they will try to convince the jury of their respective cases.

Finally, the judge sums up. This means they will go over the facts of the case and tell you, the jury, about the relevant law. The judge will also give you advice before you retire to the jury room to discuss the case. Think about their comments carefully as judges are lawyers with years of experience.

Inside the jury room jurors discuss the case by carefully considering the evidence presented in court by:.