This allows attorneys to dismiss jurors who would likely favor one side over the other in the case. However, a lawyer cannot use a peremptory challenge to dismiss a juror because of their class or race. After these challenges are completed, the judge will place the remaining jurors in the jury box, and with that, the jury has been selected. This is why they strive to provide their clients in Miami-Dade County with the most prudent and hard-hitting representation in court, because they want to see them to justice.
To learn more about how Puglisi Law can help you with your case, give us a call at Sign up to receive important legal updates and information right in your inbox! Leading up to the trial, you should focus yourself on eating right, exercising, and doing positive activities that provide you with stress relief.
If you are in a bad place mentally when you reach trial, your testimony and your ability to give positive input to your attorney will be significantly impaired. This means that everyone on the jury must agree that you are either guilty or not guilty. If the jurors cannot agree, they will generally send a note to the judge that will indicate that they cannot agree. The judge will then bring the jurors into the courtroom to read them an instruction that essentially tells them to go back to the jury room and try harder to reach a verdict.
If the jurors continue their deliberations, and still cannot reach a verdict, they will let the court know. The judge can continue to read the instruction telling the jurors to try harder to reach a verdict, but at some point, if the jury still cannot agree, the judge will declare a mistrial. If a mistrial is declared, a new trial will be scheduled, and the process will start over again with a new jury. If you are found not guilty, you will be free to leave.
The judge will enter an order of acquittal, and your bond, if you posted a cash bond, will be returned to you. Timing of Jury Selection. In some courts, the jury selection process happens on the same day as the rest of the trial, or at the beginning of a multi-day trial. In other courts, the jury selection is held for multiple cases on the same day, and then the jurors chosen for each trial are ordered to come back on a different day for the trial.
This type of system is more common in misdemeanor cases. The jury selection process begins with the judge explaining the process to the jurors who have been called in to the court, and giving them some initial instructions. The judge also has the jurors take an oath to tell the truth when they are asked questions by the judge and the lawyers during jury selection.
Jurors are randomly selected. After some initial instructions, jurors will be randomly selected out of the large group, and placed in a smaller group that will actually sit through the trial. Generally, that smaller group will be the number of jurors required six for a misdemeanor, twelve for a felony , plus one or two extra jurors who will serve as alternates in case of an emergency or illness of a juror during the trial.
Voir Dire. Then, the lawyers are given the opportunity to ask questions of the jurors, to learn about who they are, and whether they have any particular life experiences or beliefs that might make it difficult to be fair to one side or another in the case. Occasionally, there are courts that do not allow the attorneys to questions the jurors, and rather the judge asks questions, including some that have been submitted to the judge in writing prior to the start of jury selection.
Attorney-conducted voir dire is preferred, if permitted by the judge. Juror challenges. This may be done in two different ways. First, the attorney can make a challenge for cause. A challenge for cause is used when during the voir dire, one of the jurors made a statement about their history, relationships or beliefs that indicate that they would be unable to be fair to either the defendant or the prosecutor. There is no limit to the number of challenges for cause that can be made.
Second, the attorney can make a peremptory challenge. A peremptory challenge requires the judge to excuse the juror without requiring the attorney to give any reason for their request. There are a limited number of peremptory challenges in each case. In misdemeanor cases, the defendant and the prosecutor each get five peremptory challenges. In felony cases that are punishable by less than life in prison, the defendant and prosecutor each get seven peremptory challenges.
In felony cases where the punishment is up to life in prison, the defendant and prosecutor each get twelve peremptory challenges. If there are multiple defendants being tried at one time, the number of challenges permitted each defendant is reduced. New jurors replace the excused jurors. After one of the jurors has been excused, either for cause or with a peremptory challenge, they will be replaced with another juror from the larger pool.
This will continue until there are no more challenges for cause, and both sides are either satisfied with the jury or out of peremptory challenges. The jury is selected. When both sides have either decided that they do not want to exercise any more peremptory challenges, have used up all of their peremptory challenges, and there are no more challenges for cause, then the jury will have been selected. The judge has the jury take an oath. After the jury is selected, the judge will have the jury take an oath.
The judge will also give the jury a few other instructions. Then, the trial will begin. Direct examination When the prosecutor calls a witness to the stand, the prosecutor will have the first opportunity to ask the witness questions. Cross examination After the prosecutor has finished questioning the witness, the defense attorney then has the opportunity to ask the witness questions.
Redirect and Recross After the defense attorney has completed their cross-examination, the prosecutor will be given the opportunity to ask the witness additional questions based on issues that were addressed on cross-examination by the defense attorney.
Direct examination When the defense attorney calls the witness to the stand, the defense attorney will have the first opportunity to ask the witness questions. But you could be called to serve on the jury in another case. Sometimes when your number is called, the prosecution may want you to 'stand-by'. This means that you won't need to sit on the jury unless the jury list becomes exhausted and stand-bys will be recalled.
Then you might be sworn as a juror. If you recognise the defendant or anyone else involved in the trial, tell a court official at once by passing them a note. The judge sits at the front of the court and controls proceedings. They control the trial and decides questions of law. A High Court Judge is called 'my lord'. A county court judge, sitting in the Crown Court, is called 'your honour'.
The first person selected as a juror acts as the foreperson of the jury. The defendant sits in the dock accompanied by a prison officer. 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.
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