From the Bench: What happens when the jury ‘retires’
Dec 6, 2017 | Courthouse News |
Editor’s note: Circuit Judge R. Brent Elliott writes a series of articles intended to provide the public with a better understanding of the judicial system and changes in the law. The last few articles outlined the jury selection process for a criminal case and the trial procedure once the jury is selected. In his example, both the state and defendant had rested their cases and made closing arguments. The judge had read its instructions to the jury and ordered them to retire to the jury room to deliberate.
The jury instructions are always given to the jury to assist them in deliberations. As instructed, the first thing the jury will do is select one of their number to serve as foreperson. The jury is charged with reading the instructions and following the law as set forth in those instructions. In a criminal case, all 12 jurors must agree on the verdict.
If the defendant is found not guilty, the jury is discharged from any further obligation. If the defendant is found guilty, the jury may have additional duties based upon the nature of the case. The judge will conduct a hearing outside the hearing of the jury to determine if the defendant has been found guilty of certain prior criminal offenses. (See Section 558.021 of the Revised Statutes of the State of Missouri.)
A defendant who does not have certain statutory prior convictions is usually sentenced by the jury in a “bifurcated” trial. In these cases, following a finding of guilt, the jury is returned to the courtroom where both the state and defendant may present evidence related to sentencing. The judge provides additional instructions and orders the jury to return to the jury room to determine an appropriate sentence.
If the necessary prior convictions are proven at the above-referenced hearing, the judge, not the jury, will impose the appropriate sentence. In these cases, the jury is discharged following a finding of guilt and the judge will conduct a sentencing hearing. At that hearing, both the state and defendant may present evidence related to sentencing.
As the articles over the course of the last few months have evidenced, there are many nuances to our system of trial by jury. Judges bear the sole responsibility of seeing that a trial is conducted properly and in accordance with our laws. Good trial judges ensure all parties receive a fair and impartial trial. Failure to do so can result in expensive, time-consuming, reversals or retrials. Although no system is without fault, I firmly believe our United States judicial system is the best in the world.
