There are six main steps of a jury trial (A Handbook for Jurors, 8):
1. Selection of the Jury.
2. Judge’s Preliminary Instructions to Jurors - Instructions to jurors regarding their
responsibilities during the trial.
3. The Trial - Opening statements by counsel, presentation of evidence such as witness
testimony and/or documents, and closing arguments by counsel (trial also has certain steps, described below).
4. Judge’s Final Instructions on the Law - Instructions to jurors on the law after completion of testimony and arguments.
5. Jury Deliberations - Selection of foreperson and weighing of evidence.
6. The Verdict.
The trial process in the US is also strictly regulated. It “is conducted in the following steps: 1. Indictment 2. Defendant’s plea 3. Prosecution opening statement 4. Defense opening statement 5. Witnesses and evidence presented 6. Defense closing arguments 7. Prosecution closing arguments 8. Judge’s instructions to jurors about procedures” (Fuller, John R., 2010, 331).
The Bill of Rights provides certain rights to criminal defendants during trial. There are two fundamental aspects of the U.S. criminal justice system: The presumption that the defendant is innocent, and the burden on the prosecution to prove guilt beyond a reasonable doubt. These two principles are connected, as obviously nobody has obligation to prove their innocence, being considered as innocent before proving opposite.
The presumption of innocence means that all people accused of a crime are legally presumed to be innocent until they are convicted. If the prosecutor can't convince the jury that the defendant is guilty, the defendant should be freed. The prosecutor must convince a jury of a defendants guilt "beyond a reasonable doubt." This burden of proof in criminal cases means that judges and jurors are supposed to resolve all reasonable doubts about the defendants guilt in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is to argue that reasonable doubt of guilt exists (Defenses to Criminal Charges).
Criminal defendants have other rights, too, including the rights to: remain silent, confront witnesses, have a public trial, have a jury trial, have a speedy trial, be represented by and attorney, receive adequate representation, not be tried twice for the same offence (“double jeopardy”) (Criminal Defendants' Rights During Trial: The Bill of Rights).
Major debates upon the proper role of science of in jury selection began in 1972 when during one of the trial cases (when the Berrigan Brothers and others were tried on charges) a team of social scientists brought more sophisticated social science methods and technology to focus on questions relating to selecting a fair and impartial jury in a heated political environment. Most commentators at that time doubted that the defendants could find a venue in the United States where they could receive a fair trial (Waites, Richard J.D., Emshoff, Jim, 3). This case gave a start in involving social science into a jury selection.
Factors which may indicate jurors bias include the following: case relevant attitudes, case relevant life experience, personality traits, general values and beliefs, demographics. Scientific researchers found that …