Closing Arguments

Similar to the opening statement, the closing argument offers the government and defense a chance to "sum up" the case, recapping the evidence in a light favorable to their respective positions. This is the final chance for the parties to address the jury prior to deliberations, so in closing arguments the government seeks to show why the evidence requires the jury to find the defendant guilty. In turn, the defense tries to establish that the government has fallen short of its "burden of proof," so that the jury must find the defendant "not guilty."

Jury Instruction

After both sides of the case have had a chance to present their evidence and make a closing argument, the next step toward a verdict is jury instruction -- a process in which the judge gives the jury the set of legal standards it will need to decide whether the defendant is guilty or not guilty.

The judge decides what legal standards should apply to the defendant's case, based on the criminal charges and the evidence presented during the trial. Often, this process takes place with input and argument from the prosecution and defense. The judge then instructs the jury on those relevant legal principles decided upon, including findings the jury will need to make in order to arrive at certain conclusions. The judge also describes key concepts, such as "guilt beyond a reasonable doubt," and defines any crimes the jury may consider, based on the evidence presented at trial.

For example, if the defendant has been charged with voluntary manslaughter, the judge may:

• Define the elements of voluntary manslaughter, the charged crime;
• Define the elements of related crimes such as involuntary manslaughter and second-degree murder; and
• Set out the findings the jury would need to make in order to convict the defendant of each of those crimes.

The case then goes "to the jury."

Jury Deliberation and Verdict

After receiving instruction from the judge, the jurors as a group consider the case through a process called "deliberation," attempting to agree on whether the defendant is guilty or not guilty of the crime(s) charged. Deliberation is the first opportunity for the jury to discuss the case, a methodical process that can last from a few hours to several weeks. Once the jury reaches a verdict, the jury foreperson informs the judge, and the judge usually announces the verdict in open court.

Most states require that a jury in a criminal case be unanimous in finding a defendant "guilty" or "not guilty." In such states, if the jury fails to reach a unanimous verdict and finds itself at a standstill (a "hung" jury), the judge may declare a "mistrial," after which the case may be dismissed or the trial may start over again from the jury selection stage.