The Trial

What occurs during the trial is described in a general way. Initially, the District Attorney, or the plaintiff's attorney, may make an opening statement to outline the case against the defendant. The defendant's attorney then may make a statement outlining the defense immediately thereafter, or may postpone it until later in the trial. Remember, the opening statements are not evidence, but only an outline of the case.

The District Attorney who represents the Commonwealth in a criminal case then presents evidence to the jury for examination. The District Attorney may call witnesses to testify and may offer exhibits such as documents or physical objects as evidence. However, the defendant has a right to cross-examine witnesses in order to test the truthfulness and accuracy of the testimony.

At the close of the Commonwealth's case, the defendant may offer evidence. Under the law, every defendant is presumed innocent. The burden is on the Commonwealth to prove the defendant guilty beyond a reasonable doubt. If the defense does call witnesses, the District Attorney may cross-examine those witnesses.

Likewise in a civil case, the plaintiff introduces the evidence to the jury first, and when finished the defendant may present any evidence. The plaintiff's burden in a civil case is to prove those contentions which entitle that party to the relief sought.

OBJECTIONS

During the trial, one of the lawyers may object to a question posed, or an exhibit offered, by the opposing counsel. It is then the Judge's responsibility to decide if the question or exhibit is proper for you to hear or see. It is a question of law, and many times it is decided at a sidebar conference. Here the Judge meets with the attorneys out of hearing of the jury. Jurors should not be concerned with these sidebar conferences, and the ruling of the Judge on the objection does not indicate he is taking a side in the case. The Judge is merely saying to all parties that the law does or does not permit the question or exhibit to be introduced in the case as evidence. The reasoning of the Judge is based upon rules of evidence, which may be difficult for non-lawyers to understand. But these rules are the result of hundreds of years of experience in the trial of cases.

After all witnesses have been called and all evidence has been presented, both sides may then address the jury. This is called the final or closing argument. In the final argument each counsel will urge you to reach a conclusion favorable to the party he or she represents. Remember, arguments of counsel are not evidence.

The final stage of the trial is the charge to the jury by the Judge. No one is allowed to enter or leave during the charge. At this time the Judge, as an impartial party, explains to the jury the rules of law which apply to the case you have heard. You must accept and follow the law exactly as the Judge explains it to you. Additionally, the Judge points out the basic issues in the controversy. You must pay close attention to the Judge’s instructions. This is the last word you will hear before you retire to reach an important verdict. You are now prepared to deliberate intelligently and reach a fair verdict in the case.

DELIBERATIONS

The initial concern of the jury is to select one of the members of the jury as a spokesperson. This juror is called the foreman or forelady. This selection should be relatively quick, since the foreperson has no more authority or vote in the discussions than any other juror. The foreperson announces the verdict in open court. Each juror should participate with an open mind and without fear of freely expressing and exchanging his or her views. You should respect and consider the opinions of your fellow jurors which appear reasonable.

But remember, in judging the credibility and weight of the evidence, you should use your understanding of human nature and your common sense. Observe each witness giving testimony. Be alert for anything in the witness' words, demeanor or behavior on the witness stand, or for anything in the other evidence in the case which might help you to judge the truthfulness, accuracy and weight of the testimony. You also should consider carefully the statements and arguments of counsel. It is proper to be guided by them if the statements and arguments are supported by the law and the evidence, and appeal to your reason and judgment.

Finally, you deliberate and decide the verdict. As soon as the verdict is reached, the jury’s foreperson tells the court officer the jury is prepared to render that decision. You must not tell the court officer or anyone else the decision until the Judge requests it from you in open court. The foreperson then delivers the verdict for the jury.

You have now completed your jury service and have participated directly in the administration of justice. Your verdict has not only affected the parties involved in the case, but also has preserved and continued a vital ingredient in the American way of life.

If you serve on a jury, your time probably will go rapidly and your attention will be alert. However, some called as jurors may not be chosen to serve on a panel and may feel inconvenienced. But, in fact, their time is not wasted. The fact that you are ready to hear a case often results in the settlement of a case, saving the court time and money. In addition, many more jurors are called than actually serve because of challenges.

JUSTICE AND FAIRNESS

The Judges of this Court thank each of you for contributing your time for jury duty, which is one of the most important duties a citizen can perform for his nation. Many other systems have been tried throughout the world, but our system is the one believed most likely to accomplish justice and fairness. Trial by an impartial jury of citizens from the community is the cornerstone of the American judicial system by which our people judge and settle all controversies. It guarantees that no one man or government will dictate his opinion to others. It guarantees that all final decisions involving our liberty and property rest in the capable hands of the honorable men and women of the community who serve as jurors.

For official word of court closings or special announcements call 610-891-4067