Journalist's Guide
District
Key Players
Information Sources
Criminal Case
The Trial
Civil Case
Jury Selection
During jury selection, which is also known as voir dire, the lawyers, the judge or both will question prospective jurors about their backgrounds and their ability to be impartial. Prospective jurors may be struck from the panel in two ways. Lawyers may exercise a "challenge for cause," claiming the juror could not be impartial. If the judge agrees, the potential juror is excused. "Peremptory challenges" allow lawyers to remove a juror without stating a reason. Both sides are given a limited number of these peremptory challenges.
Jury selection in death penalty and other complex cases can take several weeks. In some courts, judges handling a high-profile trial will call in 200 or more jurors to fill out an extensive questionnaire, and then call in 20 or more a day to be questioned individually and challenged for cause. On the final day of jury selection in such cases, the qualified pool of jurors is called in, both sides exercise their peremptory challenges, and the jury is seated.You should never contact a prospective juror or his or her family or close friends, nor should you speak about the case if you know you are in the presence of a juror while a case is active. This is considered jury tampering—a crime.
In cases in which judges are concerned about the safety of jurors, the jury may be anonymous, identified only by numbers. No one, other than the person in the clerk's office who arranges their payment (jurors are paid $40 per day), will know their names in such a case. A judge may decide that a need exists to sequester a jury—keep all jurors in the court’s custody until a trial concludes.
Opening Statements
It is opening statements and closing arguments. At the beginning of a trial, lawyers are limited to telling the jury what they believe the evidence will show. Only at the end can they marshal those facts to make an argument the defendant did or did not commit the crime.
Prosecutors go first because they bear the burden of proving beyond a reasonable doubt that the defendant committed the crime. Defense counsel are not obligated to make an opening statement or present any evidence, since the defendant is presumed innocent. Defense counsel may choose to make an opening statement at the conclusion of the initial set of prosecution witnesses, known as the prosecution's case-in-chief.
Testimony, Exhibits, and Transcripts
Some individual judges or local rules of court require the prosecution to file a list of potential witnesses prior to trial, along with a list of exhibits that may be entered into evidence. These lists can provide a handy reference for reporters. Check the case file about a week before trial begins.
Prosecution witnesses take the stand first. Each can be cross-examined by the defense. If a witness is cross-examined, the prosecution is permitted a "redirect," asking the witness only questions related to the topics discussed during cross-examination. You are free to speak to witnesses after they are excused by the court, unless the judge indicates the witness is subject to recall to the stand later in the trial. The witness, however, is not obligated to respond to your questions, and often may be advised by counsel not to do so.
At the end of the prosecution's case-in-chief, the defense likely will make what is known as a Rule 29 motion. Named after Federal Rule of Criminal Procedure 29, the motion asks the judge to acquit the defendant because the prosecution's evidence is insufficient to sustain a conviction. This motion may also be made after the conclusion of testimony by the defense witnesses. These motions are almost always denied because the prosecution’s case is rarely that weak. But if the motion is granted, the defendant goes free; the prosecution cannot appeal such a ruling and the defendant cannot be tried again in federal court on the same charges because of the constitutional protection against double jeopardy. If, however, the judge waits to rule on the motion until after the jury reaches a verdict, and that verdict is guilty, prosecutors can then appeal the judge's acquittal.During testimony, both sides will seek to introduce pieces of evidence. If the judge allows an item to be admitted, it becomes part of the public record of the case and should be available for members of the media to inspect and copy. However, your interest in seeing the item sometimes conflicts with the court's interest in insuring none of the evidence is tampered with. This is another of those issues you'll want to broach with your contact person in the clerk's office. Getting a copy of the exhibit from the party that introduced it is another option you can pursue.
Transcripts of courtroom proceedings are provided to the court and litigants by a court reporter. Many court reporters are trained in what is called real-time court reporting, which makes a daily copy of a transcript available, for a fee.
Closing Arguments
The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word.
Jury Instructions, Deliberations, and the Verdict
After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict.
During deliberations, the jurors may have questions about the evidence or the instructions. They will give a note to the Deputy Marshal or some court employee, who will take it to the judge. The judge will then call the lawyers back into court, discuss what the answer to the note should be, call the jurors back into the courtroom, and give them the answer.
Criminal juries must reach a unanimous verdict of guilty or not guilty. The jury may say at some point that it is hopelessly deadlocked. At this point, judges typically give the jury what’s known as an Allen charge. Named after a 1896 U.S. Supreme Court case, the Allen charge urges jurors to reconsider their opinions and try again to reach a verdict. If they attempt to do so but still report they are deadlocked, the judge may declare a mistrial.In most federal courthouses, once a jury has reached a verdict, it is announced as soon as all the lawyers can get to the courtroom. You may have as little as 15 minutes warning.
Once a jury's members have been dismissed by the judge, you are free to speak to them. (The clerk's office may be willing to provide the names and addresses of the jurors, unless the jury is anonymous.) Still, no juror is obligated to speak with you.
In high-profile cases, the crush of media attention can be overwhelming for some jurors. In such cases judges will sometimes have court security personnel escort the jurors out a back door of the courthouse. You may want to suggest to your contact person in the clerk’s office that the judge ask any jurors who would be willing to speak to the media to remain in the jury room or convene at a specific location inside or outside the courthouse. That gives journalists the access they want, while providing a controlled environment in which the jurors can feel comfortable.
Death Penalty Cases
Federal judges, following the U.S. Sentencing Guidelines, determine and impose sentences in all cases except death penalty cases. If a defendant facing the death penalty is found guilty, the same jury that convicted him will determine his sentence. It has only two choices: execution or life in prison. A second phase of the trial, referred to as the penalty phase, then takes place. Both sides can present witnesses who will testify about the seriousness of the crime and any mitigating factors, such as the defendant's life experiences and lack of a prior criminal history.
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