Verdict Lawyers, Verdict Attorneys

The verdict

Criminal cases are very similar to civil cases, except instead of a plaintiff, there is a prosecuting attorney. The prosecuting attorney may represent the Commonwealth (or state) or a city, county, or town. A verdict is defined as an expressed conclusion, or a judgment or opinion rendered by the jury or a judge in the case of a bench trial.

There are two kinds of criminal offenses: felonies and misdemeanors. A felony offense is one that can be punishable by death or by a prison sentence of one year or more. If the felony offense is one that can be punishable by death, it is called a capital offense. If the maximum punishment allowed by law is less than one year in confinement or only a fine, the offense is called a misdemeanor. Some offenses straddle the fence, though, depending on the circumstances. These offenses are called wobblers. Wobbers are crimes that can be charged as either a felony or a misdemeanor. How these are charged depend on the courts and circumstances surrounding the crime committed. More information about felonies, misdemeanors and wobblers can be found in Felonies and Misdemeanors.

In a jury trial, when the prosecutor’s and defense attorney’s cases have been presented, the judge sums up the evidence for and against the defendant, highlighting the main points to consider. The judge will then give the jury instructions to the jurors before the attorneys’ closing arguments start.

Jury instructions tell the jury what the laws are that govern a particular case. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and gives the ones that properly state the law that applies to the case. The jurors must accept and follow the law as instructed by the judge even though they may have a different idea about what the law is or should be.

After the judge gives the jury the jury instructions and the jurors hear the attorneys’ closing arguments, the jury leaves the courtroom and goes to the jury room to begin deliberations. Deliberation is the process the jury uses to reach its verdict. During deliberations, the jury will first elect a foreman to act as the chairman.

How does the jury go about reaching a verdict?
To reach a verdict the jurors discuss evidence and review law and facts. The foreman presides over the deliberations, seeing that everyone has an opportunity to participate and that the discussions remain orderly. Like the other jurors, the foreman also takes part in deliberations and votes on the verdict. In a trial (whether criminal or civil), the judge decides on the question of law, while the jurors decide on the questions of fact. Jurors apply the law to the facts as directed by the judge at the end of the trial. After a full discussion of the issues, the jury should be able to reach a unanimous decision that each juror can agree to with a clear conscience.

Once the unanimous verdict is reached, the foreman writes down the jury’s verdict on a form prepared by the judge, signs it, and notifies the bailiff that a verdict has been reached. The bailiff will then notify the judge, who will call everyone including the jury back to the courtroom. The clerk will ask for the jury’s verdict and read it out loud in open court to the defendant, unlike what you see on a lot of crime TV shows.

A jury may find a person guilty of all, some, or none of the crimes charged. In some cases, depending on the evidence presented and the nature of the instructions given by the court to the jury, a jury may convict a defendant of a lesser crime than that charged in the indictment. For example, instead of finding the defendant guilty of murder, the jury may instead convict the defendant on a lesser charge of manslaughter.

If the verdict is not unanimous, it is considered a "hung jury" and under certain circumstances could be considered a mistrial by the judge, which means that a new trial will be scheduled for the defendant and a new jury will be selected to decide on the verdict.

What is a question of law?
A question of law involves the determination of what the law is. They may be about procedural matters (what information can be admitted as evidence, what kind of questions can be asked, which witnesses can appear, and what they can testify about), or they may involve questions of substantive law, which create, define, and regulate the rights of parties.

What is a question of fact?
A question of fact is deciding what really happened in a case. The jury’s responsibility is to listen to all the testimony, consider all the evidence, and come to a unanimous conclusion on what they believe really happened even though the testimony of one witness may completely contract that of another and the evidence given by both sides will also generally be conflicting.

How is a verdict reached in a bench trial?
In the case of a bench trial, the judge is the one who handles the decision on the verdict. After hearing the attorneys’ closing arguments, the judge will retire to the judge’s chamber, go over all the evidence and testimony similar to how a jury would in a jury trial, except that the judge makes the decision on both the question of law and the question of fact, and no jury instructions are involved in bench trials because there’s no jury. In rendering the verdict, a judge may find a person guilty of all, some, or none of the crimes charged. The judge could also potentially convict a defendant of a lesser crime than that charged in the indictment. When the judge reaches a verdict, his or her finding is read to the defendant by the court clerk in open court.

If the verdict is guilty, the defendant may have a right to appeal if error has been committed in court proceedings or in the process of obtaining a conviction. If the verdict is not guilty, the court or the prosecutors cannot overturn the jury’s verdict.

What if I think the verdict is wrong?
If you feel the verdict was an error, contact your lawyer right away to file a motion for a new trial. A Motion for a New Trial is a request that the trial court vacates the verdict and grants a new trial based on errors committed at the original trial. If you feel your lawyer improperly presented the evidence or otherwise did not represent you well, contact a LawInfo Lead Counsel qualified criminal law lawyer now to find out what you can do in that case.