New Jersey Criminal Lawyers Blog
This month, the final installment of our three-part series on The Criminal Process explores The Trial, The Verdict, Sentencing, and The Appeal.
The Trial
Our laws entitle anyone accused of a crime to the right to a fair and speedy trial by a jury of their peers. This jury is selected randomly from a pool of potential jurors compiled through voter registration records. Selection is made through a process known as voir dire, during which the court, defense, and prosecuting counsel question each potential juror to determine whether they can be fair and impartial. Attorneys have the right to excuse or move to challenge potential jurors until a panel of at least 12, plus alternates, is chosen. The goal is to choose a jury that represents an accurate cross-section of the community, including people from a variety of different backgrounds.
It is the jury’s responsibility to weigh the evidence presented at trial, follow the instructions of the presiding judge, and return a verdict after deliberations.
Once a jury has been seated, attorneys deliver their opening statements, with the prosecutor going first, followed by defense counsel. In their statements, the attorneys introduce the key issues of the case and explain what they expect the evidence will show.
Opening statements are followed by witness testimony in the forms of direct and cross-examination. Each side is allowed to call witnesses to give testimony supporting the facts of the case. Once an attorney finishes questioning his or her witness, the opposing side is allowed time for cross-examination, an opportunity to shed light on perceived weaknesses in the testimony given.
During witness testimony, relative materials that have been gathered to support the charges are presented as evidence.
Once all witnesses have been questioned and cross-examined and all evidence has been entered into record, the attorneys present their closing arguments, summarizing their case and asking the jury to find in their favor.
The Verdict
Following closing arguments, the judge charges the jury; he or she states the issues of the case, defines any terms that may not be familiar to the jurors, and explains the standards of proof jurors must use in reaching their decision. The judge also reads the applicable sections of the law to them.
During deliberations, jurors review and discuss the evidence and testimony presented to determine whether it has been proven “beyond a reasonable doubt” that the defendant is guilty as charged. It is the job of the prosecutor to prove guilt; the defense counsel’s job is not to prove innocence but to cast doubt on the prosecutor’s case.
When deliberating, the jury may ask for portions of testimony to be re-read or to re-examine evidence presented before coming to their decision. In criminal cases, verdicts must be unanimous and must be presented in open court.
After a verdict is returned, but before the judge dismisses the jurors, the court polls individual jurors to make sure the verdict was unanimous. If the poll reveals the decision was not unanimous, the judge can direct the jury to continue deliberations or declare a mistrial.
Failure of a jury to come to a unanimous decision will result in a hung jury and the judge will call a mistrial. In the event of a mistrial, either the defendant will be retried on the same charges at a later date, or the prosecution will decide not to pursue the case further.
Jury verdicts take effect only after the judge enters a judgment on the decision, which means the verdict is filed in public records. Usually judges in criminal cases can only accept or reject the verdict handed down without modification.
Sentencing
After a guilty verdict, the judge sets a date for sentencing. Before the sentence is passed, a pre-sentence investigation may be conducted to help determine the appropriate sentence. This investigation may take into consideration all relevant factors, including the defendant’s past criminal record, health, family status, and work record.
In most state and federal courts, sentencing is determined by the judge.
The Appeal
An appeal is not a new trial or a retrial. It is a review to determine whether errors were made in the original case that negatively impacted the defendant’s right to a fair trial. Because of double jeopardy laws that protect a defendant from being tried for the same crime twice, it is usually only the defendant who has the right to appeal on the basis there were procedural errors in the trial, or errors in the judge’s interpretation of the law that resulted in the guilty verdict.
Once a notice to appeal is filed, the appellant has a deadline to file a brief. The appellee or respondent then is given a deadline to file an opposition brief. The appellant has the option to file a reply brief.
Once all briefs are filed, the appellate court reviews the materials presented, or calls for oral arguments, to determine whether errors in applying the law at the lower court level occurred. Not all errors are grounds for reversal but, if the appellate court judges find there were serious errors made in the original trial, they can remand the case back to the lower court for further action. Those actions could include a new trial, modification or corrections of the trial court’s judgment, or a reconsideration of the facts where the lower court could look at additional evidence or consider the case in light of the appellate court’s findings.
If, on the other hand, the appellate court affirms the lower court’s judgment or dismisses the appeal, the case ends. Once all rights of appeal at the state level have been exhausted the defendant may have an option to file an appeal in federal court in an attempt to show that his or her federal constitutional rights were violated.