By District Attorney Ryan Sayers
2023 Vol. 14
Last week we discussed the closing arguments and instructions to the jury. This week we will conclude a jury trial by going over the deliberations and verdict.
After the conclusion of the judge’s instructions of the law for the jury to follow, the jury is sent back to begin their deliberations.
The judge and the attorneys then discuss on the record what exhibits (pictures, documents, items, etc.) will go to the jury for them to view and aid in the deliberations.
Not all items are permitted to go back to a jury for a variety of reasons, which would typically include a murder weapons, drugs, items with blood on them, or videos/audio that need a computer to be played.
Once those items are given to the jury and they are settled into the room to deliberate, the first thing the jury does is to pick a foreperson.
This person is responsible for keeping the flow of discussion going, calling for any votes as to guilty or not guilty on the charges and completing the verdict slip to be read in court after a unanimous decision is made by the jury.
These deliberations will take a matter of minutes or multiple hours or anywhere in between.
Sometimes the jury has a question during their deliberations that they wish to be answered. At that point, the jury, the judge, the attorneys and defendant are brought back into the courtroom for a response to the question by the judge.
The jury might request to see a picture again or review a piece of evidence or listen to an interview or watch a video or have a jury instruction read again to make sure they understood it correctly.
Once all 12 jurors are in agreement as to the verdict, the foreperson completes the verdict slip and signs it, then reads it back in the courtroom with everyone present.
The jury can vote guilty on all charges, not guilty on all charges or guilty on some and not guilty on others. The only requirement is that it be unanimous.
After the reading of the verdict, the jury is thanked for their service and excused. Everyone else remains in the courtroom to discuss some final legal matters, which includes whether the defendant goes to jail or can go home pending sentencing, if found guilty.
Through 14 weeks, we have discussed sentencing and trials and some ancillary matters. Next week I will begin a few weeks of explanation of criminal appeals in Pennsylvania.
Ryan Sayers is the elected District Attorney of Clearfield County, Pennsylvania.
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