Your Constitutional Right to Trial
The jury trial process, by Criminal Jury Trial Attorney Thomas Gallagher
Every person accused of a crime has the right to a jury trial. But a trial is not only for the benefit of the accused. Of the many steps in the criminal court process, the jury trial process is the most important. And Rule 26 of the Minnesota Court Rules of Criminal Procedure provides guidelines for jury trials.
But in the end, the quality of justice depends upon you and me.
Do we as a society have an interest in fair trial procedures? We all suffer when a jury convicts a person of a crime they did not commit. And when a jury convicts the wrong person, the true perpetrator of the crime will not be found.
The criminal jury trial attorney is the key to enforcement of all the other legal protections for the accused.
And your attorney should understand the psychology of persuasion.
A fair trial, or a show trial?
A trial could be as fair as possible. Or, a trial could have precious little fairness about it. To call a court proceeding a “trial” means nothing. But to conduct a fair, trustworthy, reliable trial requires effort. And it’s worth the effort.
In a fair trial, the court focuses upon a fair process. It ignores the effect choices increasing fairness may have on the outcome. This is what we mean by “Justice is blind.”
The right of the accused to present her chosen defense is basic and fundamental to a fair trial. But sometimes a prosecutor or a judge prevents a defendant from presenting their defense or their evidence.
When that happens a trial becomes a sham, a show, and an obstruction of justice.
So the defendant’s criminal jury trial attorney must be a strong advocate, even if that angers some.
Garbage in, garbage out
The right to a jury trial means that the jury has a right to all the relevant evidence constitutionally obtained. And this must include evidence viewed as relevant and material from the defense perspective.
If a prosecutor or judge edits out, censors or gags the defense evidence, there is no real jury trial.
It becomes just a sham show trial. So, when the court silences the voice of the accused; when the jury hears only guilty evidence, the trial is unfair and unreliable.
The jury trial attorney for the defense must ensure that defense evidence gets to the jury. He demands that the court honor our Constitutional right to present a defense.
The fact-finding step
The trial is the search for the truth step in the court process.
In a jury trial, the jury is the finder-of-fact. In a court trial to a judge only, the judge is the fact-finder.
The fact-finder considers the both side’s evidence; and decides what they think really happened. The fact-finding function precedes the application of the law to the facts. But the jury does that as well.
The lawyers outline the trial with the judge
Jury trials begin with the lawyers discussing the trial evidence, motions in limine, with the judge. They discuss an outline of the trial evidence, along with witness and scheduling issues.
Jury trials usually last for days or weeks.
Jury selection follows. The defense lawyer and the prosecutor talk to the potential jury members with the judge observing. We call this voir dire.
The jury trial attorney may challenge a potential juror “for cause” (meaning for a reason). If so, the judge decides whether to excuse that potential juror or not.
After that process the lawyers may exercise their peremptory challenges (no reason required, normally) to exclude potential jurors.
But a lawyer’s peremptory challenge may be subject to objection by the opposing attorney on constitutional grounds. For example, the lawyer may object when he suspects the peremptory challenge was based on race.
After the jury swears its oath, the prosecuting attorney makes an Opening Statement to the jury. Then the defense lawyer may follow with an Opening Statement. Or he may reserve it for after the close of the prosecution evidence.
Next the prosecuting lawyer presents the prosecution evidence.
The prosecutor must attempt to meet her initial burden of production of evidence; or prima facie case.
If she does, then the prosecution case can survive a defense motion for acquittal.
And the prosecuting attorney then hopes to meet their burden of persuading the jury beyond doubt.
The defense case is optional
After the prosecution case, the defense may present the defense evidence, if it chooses to present a defense case.
The defense jury trial attorney sometimes will not, since the burden of proof lays squarely upon the prosecuting attorney. Why present defense evidence where the prosecution evidence has nowhere to go?
But Each case is different.
Closing arguments to the jury by both lawyers follow.
Most consider the prosecution and defense final arguments the most interesting part of the trial.
The judge gives the jury instructions about law
After the judge instructs the jury on law, the jury and bailiff will be sworn. Then the jury will deliberate.
During deliberation, at last the jury is in control.
They can take as much time as they need. But if the jury is unable to agree on a unanimous verdict, eventually the judge will declare a mistrial.
If the jury reaches a verdict, we all reconvene in the courtroom for the verdict.
Some of the judge’s jury instructions can be misleading. When a judge instructs jurors to “follow the law,” that instruction is often incomplete.
Jury instructions should include the law on jury power. Perhaps that missing instruction is unnecessary; since the very core of the jury trial is the power of the jury to apply its community standards and delivery any verdict it views as just.
Because, the law also says the jury has the power to return a not-guilty verdict where the it believes that the law is wrong.
And the jury can bring a not-guilty verdict; even if the jury believes beyond doubt that defendant did the prohibited-act intentionally.
We call the power: jury nullification. It’s the power of the jury to veto unjust laws.
Juries have had this power since the beginning of the United States. In fact, we can trace it back to the birth of democracy in Classical Athens, over 2,400 years ago. So, this is the essence a jury trial.
Another related term is the power of jury lenity.
A real jury trial is a cornerstone of any real democracy.
“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”Thomas Jefferson to Thomas Paine, 1789
If the verdict is not-guilty; the court releases the defendant. But if the verdict is guilty; the judge may order the defendant into custody. Or the judge may order that conditions of pretrial release continue until the sentencing hearing.
If either the defense or the prosecution believes the trial or pretrial proceeding were illegal or unfair, they can appeal to a higher court. Though some appeals succeed, most do not.
Who has a right to a jury trial?
In Minnesota, the right to a jury trial depends upon the offense level of the charge.
Any criminal charge (felony, gross misdemeanor or misdemeanor) triggers your right to a jury.
But you don’t have the right to a jury on a petty misdemeanor charge since jail is not possible.
And currently traditional juvenile court denies the right to a jury trial to most juveniles facing criminal charges.
An accused person may waive or give up her right to a jury trial. And if she does, she chooses a trial to a judge. The trial procedure is similar, but without jury selection and deliberation.
How many jurors do the lawyers select in a jury trial?
In Minnesota, a person charged with a felony or gross misdemeanor has the right to a jury of twelve. And we pick one or more alternates, in case we lose a juror along the way.
In a misdemeanor case, the accused has the right to a jury of six.
There is no jury at all in a petty misdemeanor trial.
Do all jurors have to agree for a verdict?
Yes. A verdict in a Minnesota criminal case must be unanimous; whether guilty or not-guilty.
And the judge will ask the jury to deliberate until it reaches a verdict. But the judge declares a mistrial if it cannot reach a verdict — deadlocks. We call this a hung jury.
Your criminal defense attorney
You have the right to a lawyer at trial. Though an accused person has the right to represent themselves without a lawyer, that is not a good idea. Even lawyers hire other lawyer to represent them in court.
Conducting a jury trial is an art, requiring hard work and skill. You should hire a criminal jury trial attorney with the skills and a proven history.
A good criminal defense lawyer understands and can explain the jury trial process. He works hard and smart for his client.
Will my case go to trial?
Every criminal case goes to trial unless resolved before trial. And this is every defendant’s sacred right.
But a case can settle by agreement or a judge or prosecutor can dismiss the charges after defense efforts. So if that happens, there is no trial.
Minneapolis Criminal Lawyer Thomas Gallagher advises clients that the outcome should be the priority; not the effort or process.
It should not matter whether the defense outcome comes from a:
- plea agreement,
- judge’s Order after a Contested Omnibus Hearing, or
- not-guilty verdict.
Fear of the unknown is natural. But remember that the jury trial right belongs to the defendant. So it is a protection for the defense against an unfair prosecution.
And Attorney Gallagher can explain and prepare his client for trial. An experienced jury trial attorney, Gallagher can help you know what was once the unknown. In fact, he’s already doing that, here, on this page.
Question about a jury trial or the criminal court process in Minnesota?
Call Minneapolis Criminal Lawyer Thomas Gallagher at 612 333-1500.