Most serious criminal cases (where a prison sentence is likely after conviction) are decided by juries. Juries are generally chosen from the community where the defendant lives. In state court cases, juries are chosen from the county where the defendant lives. In federal cases, the jurors are chosen from several nearby counties.

Since jurors decide the fate of a defendant, it’s critical to understand what a juror does. Once the jurors are chosen in criminal cases, the jurors listen to the opening arguments of the government (the prosecution) and the defendant’s lawyer. Both sides question witnesses and present evidence, such as reports about the chemical analysis of any drugs that were seized in front of the jurors. The defense and the prosecution then present closing statements to the jurors.

After the closing statements are presented, the judge will instruct the jury about how to decide the case. These instructions explain the laws that must be considered. The instructions should also define various terms, like what meets the standard of proof (in a criminal case, it’s beyond a reasonable doubt) and what terms like “reasonable doubt” mean.

Common jury deliberation issues

According to the American Bar Association, if a jury has questions about the evidence or the judge’s instruction, the jury will give the bailiff a notice for the judge to read. The judge may respond by calling the jury back into the courtroom in the presence of the lawyers.

Generally, the verdict in a criminal case must be unanimous. The judge will likely provide the jury with written forms to cover all possible verdicts, so the jury just has to select the correct option on the form. If a jury cannot reach a decision by the end of the day, the jurors may be “sequestered, or housed in a hotel and secluded from all contact with other people, newspapers and news reports.” Alternatively, the judge may allow the jurors to go home with instructions not to speak about the case with anyone.

General jury deliberation guidelines

The Maryland Judiciary provides useful guidelines for jury deliberation:

• Getting started. It’s OK for jurors to introduce themselves, get to know each other, and give their initial impressions. Jurors should talk about how they want to deliberate and how they want to vote.
• Selecting a presiding juror (foreman/forelady). It helps to select a presiding juror . This person should be a good speaker and also a good listener. The presiding juror should be fair and organized. The presiding juror should encourage every jury member to contribute, focus the discussions on the law and the evidence, inform the court if there are any questions or concerns, and tell the court when a verdict has been reached.
• The deliberation process. There are no set or specific rules. Every jury decides how to talk about the issues differently. A few helpful strategies might include:
  • Letting each jury speak and give their thoughts – one by one
  • Letting jurors speak up anytime they have something to contribute
  • Regularly asking if any juror has something to add
  • Looking at the person who is talking
  • Encouraging each juror to express their views
  • Having someone take notes to remember key points and issues in contention
• Reviewing the law and the evidence. Jurors should begin by reviewing the judge’s instructions to make sure everyone understands them. Unless the judge has specific instructions on how to review the law and/or evidence, jurors can review the law and evidence in whatever way is comfortable. Common methods include:
  • Reviewing the evidence (testimony and exhibits) to see if each point of law has been established.
  • Reviewing each charge, one at a time.
  • Voting on each charge.
  • Completing the judge’s verdict form.
  • Dealing with jurors who are not cooperative or relying on non-courtroom evidence. The judge should be told if this is happening.
• Generally, it’s best to go slowly, and review all the evidence and every juror’s opinions before taking a vote. The defendant’s freedom is at stake. Taking that freedom away shouldn’t be done lightly. Jurors can vote by writing down their opinions (with or without their names), raising their hands, or giving oral responses. The final vote should be known to all other jurors.
• The verdict. The jurors sign the verdict forms. The presiding juror will then tell the bailiff that the jury has reached a verdict. The judge will call everyone into the courtroom and ask the presiding juror what the verdict is. The judge may (or may not) ask each juror individually to say if they agree with the verdict announced by the presiding juror.

Montgomery County Circuit Court offers this advice when it comes to jury deliberation:

• Try to work out their differences and be fair to everyone.
• Keep their temper, listen to the opinions of the other jurors, and not bully anyone.
• Not write on or mark any exhibits or change the exhibits in any way.
• Not try to guess about what might happen on appeal.
• Not flip a coin, draw straws, or use chance to make a decision.
• Talk to anyone about the jury deliberations or the verdict until the judge discharges the jury. Jurors are NOT obligated to speak to family, lawyers, or the media about their deliberations – though they can after the judge discharges them.

Defendants have the right to a trial by jury in most criminal cases. At Carey Law Office, we have more than 40 years of experience advocating for defendants in criminal cases in both state and federal courts. We understand the jury selection process, how to present testimony and evidence to juries, and how to present opening and closing arguments. Our criminal defense lawyer speaks with jurors about how they reached their decision when jurors are willing to talk.  We’re ready to fight for your freedom. Carey Law Office has offices in Bowie and Dunkirk. Call us or complete our contact form now to schedule a consultation. We also serve Calvert County.