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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