Criminology

A trial by a jury is a civil or criminal lawsuit where the cases is presented to a panel of selected jury who determines the factual questions and influence the final ruling. The number of jury in a case is usually twelve and although this differs between states .The trial by a jury is recognized by the US constitution as fundamental right that allows the accused to choose trial by a jury or a judge. In a jury trial, the first step is the selection of the jury. The jury is selected from a jury pool list or the venire which is compiled by the court. This is a well screened to eliminate non eligible people.  When the jury is selected from the pool, it is then questioned in a process called voir dire which is a French term meaning speaking the truth (Jackson, Doran, 1995). This questioning is done to determine whether the jury is biased or whether they   have prejudice or have ulterior motives in the case
The court attorneys may challenge some of the jurors to be exempted from the jury. The challenge of the jury consists of the two types of challenges the challenge for the cause and the preemptory challenge i.e. challenge against the cause. When the choice of the jury is complete, the jurors are questioned in a process called jury paneling and then take an oath for the jury assigned to a specific case. In general, 6 jurors and 2 alternate jurors are selected for criminal and civil trials while twelve juries and 2 alternating jurors are selected for others offenses. The jury trail begins by an opening statement that represents the expectations of what the evidence should prove to each side in the case.

These statements are not regarded as evidence. The next step in a jury trial is evidence presentation to the courts and testifying of the witnesses in the case. The witnesses are cross-examined by each side on the case (Kressel, 2002). At this stage, material evidence such as weapons, documents and others are presented as exhibits and are numbered for identification. In the presentation of the evidence, the law allows the court attorneys to object or oppose a question, opinion by the attorney. The judge is permitted by the law to decide whether to overrule or maintain the objection during the hearing of evidence .The judge guides the jury and the accused on the relevant information that should be considered in the case when all the evidence is presented, the case is adjourned. After which the attorney delivers the closing argument and convinces the jury to rule in favors of the client.

The next step is the presentation of instructions of the law to the jury by the judge this process called charging the jury. The judge explains the provisions and procedures of the law that will guide them in the   verdict. The process is termed charging the jury. This eliminates the trend by the jurors to decide the case based on what they would like the laws to be but as per stipulations of the law. The last and the final step is the deliberation by the jury in which the jury enters the deliberation room to decide on the verdict to be handled to the defendant. A foreman of the jury is elected who presides over the open ended discussions in a fair manner in reaching the verdict unanimously (Possey, Lawrence, 2005). When a verdict is reached, the foreman delivers the verdict to the court clerk verbally for criminal case and written for civil case.  When the verdict is delivered, the jury is dismissed
All the jury trial proceedings follow the constitutional trial rights that are enacted by the constitution in the sixth amendment. One such provision is the right for a speedy trial which is outlined by the supreme court through the ad hoc test of balance to determine whether  the accused right of speedy trial has been violated. The other provision under the constitution is the right for an impartial jury which requires that the jury to be unbiased and unprejudiced in the case. This is determined in the trial through the voir die process of questioning which determines whether there is bias in the jury.

The key factor that determines the impartiality of the jury is the panel or the pool from which the jury is selected .The law requires the jury to be selected from a wide range of people from the community to eliminate bias. Another right enacted under the jury trial is the right to be informed of prosecution. The accused must be given the right to know the nature and the reason of his accusation. The law requires that an indictment must define the crime precisely and must not be vague (Kressel, 2002).

Other rights enacted in the jury trial are the rights of the defendant to cross examine the witnesses to prove that the allegations against him or her are correct. Other  rights enacted by the trial are the right of counsel which represents the right  to  choose the attorney to handle the case and  the right of self representation.