Every time a jury trial starts, the trial judge is responsible for reading all the pertinent jury instructions throughout the trial. Many trial judges begin by reading the instructions to the panel of jurors, typically fifty, sixty, or seventy jurors, as soon as they are brought into the courtroom. It's largely up to the trial court to determine how they want to proceed.
The first instruction emphasizes the importance of serving. It talks about our criminal justice system – that we have one of the best systems in the world – and the purpose of the system, the purpose of jurors serving to make sure that those individuals who are charged with crimes are dealt with fairly and are judged not just by a single person, but by a group of people of their peers. In other words, from their community.
They discuss fairness and describe the process for a jury trial. In other words, it's not one person against another person. It's the People of the State of California against a particular defendant who is charged with a certain crime or crimes in Los Angeles County. See related: How Are Jury Instructions Selected In Los Angeles Criminal Cases?
People of the State of California vs. Defendant: This phrase, often used in court, signifies that the case is not a personal dispute between two individuals. Instead, it's a legal matter in which the state, represented by prosecutors, is responsible for presenting the evidence and building the case.
That's one thing that I think is surprising to a lot of jurors — that it's not one person against another. If the People of the State of California, whom the prosecutors represent — whether they be the City Attorneys or the District Attorneys of Los Angeles County — are the ones tasked and responsible for presenting the evidence and building a case.
So, the first thing they're going to do is, there's going to be what's called a Voir dire, which is where the jury is selected. This process involves potential jurors being asked questions to determine if they have any biases or preconceived notions that could affect their ability to be fair and impartial in the case. It's meant to identify potential fair jurors in the case. It's a truth-finding process, and part of that process is selecting jurors. There will be twelve jurors.
There will likely be three or four alternate jurors in case there is an issue with the twelve jurors serving, and the judge will ask questions. The lawyers are going to ask questions, and it's really targeted at ensuring that if someone has a bias, whether it be toward the prosecution, the defense, or the process, we are aware of it, we expose it, and we address it. Either we deal with it by explaining to them how things work and confirming that they can listen to the evidence and be impartial, or we excuse that person because they cannot be fair to one side or the other.
Opening Statement
The judge will also discuss whether there will be an opening statement. The People, since they have the burden, are going to go first. The defense can give an opening statement if they want to. Still, they don't have to, because they don't have any responsibility, as a criminal defendant, to present evidence or take any action. However, the defense attorney plays a crucial role in ensuring that the prosecution meets its burden of proof. Ultimately, their attorney can argue that the prosecution has failed to meet its burden. They have not proven this case beyond a reasonable doubt; therefore, the person should be found not guilty.
That's one big thing I talk about at the beginning of the case. I want to ensure that the jurors understand from the outset of the case that they are to presume the defendant is innocent. This means that the defendant is considered innocent until proven guilty, and the burden of proof is on the prosecution. They should not presume they're guilty just because they're being charged and have to hire a lawyer—that's not how the American justice system works. The presumption of innocence is a crucial concept.
Burden of Proof
Then, the judge will discuss — after the jury is selected and the opening statements are made — that the prosecutor, who bears the burden of proof, will begin presenting evidence. The defense attorney will ask questions, and when it's all said and done, the prosecution will rest its case. Then, it will turn to the defense. The defense can either rest on the state of the evidence, meaning they will not present any additional evidence, or the defendant can testify, and the defense can call witnesses if they so choose.
When a defendant testifies at a criminal jury trial, that defendant has the right to testify or not testify. If they decide not to testify, the jury is going to be instructed that they're not to hold that against the defendant or take any type of a quote from that, that the person must be hiding something, must be guilty simply because they're choosing to exercise their Constitutional rights and not to testify.
Closing Arguments
So, after the defense has presented its case, closing arguments will be made, and the jury will then deliberate. In a criminal trial, the jury must unanimously find the defendant guilty or not guilty. In other words, everybody has to be on the same page. There must be a unanimous verdict, where all twelve jurors agree that the person is either innocent or guilty.
If they cannot do that, the judge will declare a mistrial, and then it will be up to the People of the State of California to decide whether they want to retry this defendant or simply dismiss the case. The judge will also have the authority to dismiss the case if they believe the prosecution is unlikely to obtain a verdict and that retrying the case would be a waste of time and energy.
So, this is one of the first instructions that I've kind of broken down for you. It's CALCRIM 100 Jury Instructions, which essentially discusses the trial process, how it operates, and the role of jurors within the criminal jury trial process.
If you require further explanation because you are going to trial or a loved one is involved in a criminal case in Los Angeles, please don't hesitate to contact me. We'll sit down. If you're looking to hire an attorney and want to understand how the process works, that's exactly what we will do when we sit down and discuss it under the cloak of the attorney-client privilege.
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