DUI Jury Trial
Have you recently been charged with driving under the influence? If so, you may have to face a DUI jury trial.In a criminal case, the jury reviews the evidence and testimony to determine whether or not the defendant committed the crime “beyond a reasonable doubt.” During the trial, the government (or prosecution) will argue its case, hoping to procure a guilty verdict. The defense will have the chance to refute the prosecution’s evidence and to offer its own evidence. After both sides have had a chance to present their case, the jury decides if the defendant is guilty or not guilty of the crime in question.
A DUI jury trial typically consists of six phases. The first step is choosing the jury. During the jury selection, the judge, prosecution, and defense have the opportunity to question a pool of potential jurors on matters that pertain to the case. The judge may excuse potential jurors based on the answers that they give during questioning.
The prosecution and defense may also eliminate a certain number or jurors during this phase by using peremptory challenges and challenges “for cause.” A peremptory challenge is used to exclude a potential juror for a non-discriminatory reason, while challenge for cause is used to reject a potential juror who has demonstrated that he or she is unable to be objective during the case.
Next are the opening statements. It is during this time that both the prosecution and defense present the facts of the case that the jury will be hearing. Because the prosecution has the burden of proof, the prosecution is required to go first. The defense then has a chance to refute the statements made by the prosecution.
The witness testimony and cross examination is used to present evidence to the jury. Each side may call eyewitnesses and expert witnesses to testify, while the other side has a chance to cross-examine the witness.
After the witness testimony, the prosecution and defense will make a closing argument. This is a chance for each side to recap the evidence in a favorable light. The defense may also explain to the jury how the prosecution did not meet the burden of proof.
The judge will then instruct the jury on the legal standards that should be used to decide the defendant’s case. During this time, the judge may then define the elements of the crime, and what findings are necessary for the jury to convict the defendant of the crime.
The last phase is the deliberation and verdict phase. It is during this time that the jury reviews the facts of the case to determine whether to find the defendant guilty or not guilty. If the jury cannot decide, the judge may declare a mistrial, which means the case may be dismissed or retried in the future.
