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1. Anatomy of a Jury Trial: The
Stages
Michael DeBlis III, Esq.
Partner
DeBlis Law

2. Anatomy of a Jury Trial
• Jury selection (voir dire)
– Most trials are in front of a jury, and the jury pool
initially includes dozens or even hundreds of
potential jurors.
– During jury selection, both sides and the judge
have the opportunity to present questions to
potential jurors to determine whether they have
any biases that might influence their decision-
making.

3. Anatomy of a Jury Trial
– Both sides may present their questions in a way
that is designed to begin to influence the jury in
their favor.
– The judge will excuse jurors who he determines
cannot fairly try the case for cause, and the two
sides will also be able to challenge a limited
number of jurors (peremptory challenges).
– When there are 12 jurors (and two alternates)
who no one has objected to, the jury will be
seated and the trial will begin.

4. Anatomy of a Jury Trial
• Opening Statement
– Opening statements are an opportunity for the
lawyers to explain what they think the evidence
will show.
– They do not contain evidence, but are instead a
lawyer’s chance to clearly explain their side’s
version of the facts of the case.
– The prosecution is required to make an opening
statement that covers how it will prove each
element of the crime.

5. Anatomy of a Jury Trial
– The defense is not required to make an opening
statement, but often will.
– Depending on the defense being asserted, the
defense attorney may explain an affirmative
defense, may point out weaknesses in the
prosecution’s case, or simply ask the jury to keep
an open mind.

6. Anatomy of a Jury Trial
• The Prosecution’s Case
– The prosecution has the burden of proof and
therefore has the first opportunity to present
evidence.
– Most evidence will be introduced by witness
testimony. The prosecution will call a witness and
question them in what is known as direct
examination.
– The defense will then have the opportunity to
cross-examine the witness to point out
inconsistencies or weaknesses in their testimony.

7. Anatomy of a Jury Trial
– If needed, both sides may have the opportunity to
ask additional questions based on the answers the
witness gave to the other side.
– Physical evidence may also be introduced during
witness testimony or another legally permissible
time during the prosecution’s case.

8. Anatomy of a Jury Trial
• Motion for Judgment of Acquittal
– When the prosecution rests, the defense always
moves for a judgment of acquittal. In making the
motion, the defense argues that even if all of the
evidence is viewed in a light most favorable to the
prosecution, the prosecution still hasn’t presented
legally sufficient proof for the jury to be able to
find the defendant guilty beyond a reasonable
doubt. This motion is rarely granted, but can help
lay the grounds for an appeal if the defendant is
convicted.

9. Anatomy of a Jury Trial
• The Defense’s Case
– The defense may then present a case in a manner
similar to the prosecution.
– The defense is never required to put on any evidence,
and often will not, but will instead rely on the fact that
they don’t believe the prosecution has met the
burden of proof.
– The defendant will also have the opportunity to testify
on his own behalf during the defense’s case.
– The decision to testify is the defendant’s alone even if
his attorney disagrees with him, and the judge will
remind the defendant of this before he takes the
stand.

10. Anatomy of a Jury Trial
• Rebuttal
– If the defense does put on evidence, the
prosecution will have the opportunity to present
additional evidence after the defense rests.
– This evidence must contradict evidence presented
during the defense’s case.

11. Anatomy of a Jury Trial
• Closing Arguments
– Closing arguments allow both sides to argue to
the jury why it should find in their favor. The
lawyers will summarize all of the evidence
presented in the case and why it supports their
theory.

12. Anatomy of a Jury Trial
– They will also show why evidence that harms their
theory shouldn’t be believed. As with all other
parts of a case, the prosecution must make a
closing argument while the defense doesn’t have
to do anything unless they want to.

13. Anatomy of a Jury Trial
• Charging Conference

14. Anatomy of a Jury Trial
• Jury Instructions

15. Anatomy of a Jury Trial
• Jury deliberations
– After closing arguments are complete, the defense
will once again make a motion for a judgment of
acquittal. This will usually be denied and the case
will be given to the jury.
– The jury will go back into the jury room with all of
the evidence to deliberate. In other words, to
discuss the case among themselves.
– Deliberations continue until the jury comes to
unanimous agreement on a verdict for all of the
crimes charged.

16. Anatomy of a Jury Trial
– If the jury cannot reach an agreement, the judge
will typically instruct them to keep trying.
However, if the jury still cannot reach an
agreement after deliberations have continued for
a while, the judge will declare a mistrial.

17. Anatomy of a Jury Trial
• Verdict
– If a jury reaches a verdict, they will return to the
courtroom and the verdict will be read.
– If the defendant is found not guilty of all charges, they
will be free to go and any bail money will be returned.
– If the defendant is found guilty of one or more
charges, a sentencing date will be set. Depending on
the severity of the crime the defendant was convicted
of and the potential sentence the defendant faces, the
defendant may be held in custody until sentencing or
be released until the sentencing date.

18. Anatomy of a Jury Trial
• Sentencing
– If the defendant is convicted, the judge will decide
on the appropriate punishment for the
defendant’s crime(s) based on the sentencing
range for the degree of crime(s) the defendant
was convicted of and by weighing and balancing
the mitigating and aggravating factors

19. Anatomy of a Jury Trial
• Appeal
– If convicted, the defendant is given an opportunity
to challenge the outcome of the case itself
including the sentence imposed by the judge