Module 2
Overview of the Criminal Justice System

Verdict

After closing arguments the judge will read and explain the applicable laws and legal standards that the jury must apply when they analyze the evidence and come to a verdict. Jurors must follow the law and legal standards as the judge instructs, leaving behind any knowledge or beliefs to the contrary. Then deliberations begin. Deliberations are the process by which the fact-finder—be it judge or jury—determines whether the evidence proves that the defendant is guilty beyond a reasonable doubt. This determination must be made for each charge. Deliberations are secret. There is no time limit for reaching a decision; the jury may take as long as needed to reach a decision.

In most jurisdictions, the jury’s decision, known as a verdict, must be unanimous. A guilty verdict means that the defendant has been found guilty on that charge(s). A not guilty verdict means that the defendant has been found not guilty on that charge(s). It is possible for the jury to return with a guilty verdict on some charges and not guilty on others.

Sometimes juries cannot reach a unanimous decision no matter how long they deliberate. Often, when a jury informs the trial judge that they cannot reach a decision, the judge will instruct the jury to return for further deliberations. If the jury cannot reach the required consensus after meaningful deliberations, it is considered deadlocked and will be referred to as a hung jury. The judge will declare the result a mistrial. In the event of a mistrial the defendant is neither guilty nor not guilty, the process simply reverts to just before the trial began. The prosecution can choose to bring a new trial against the defendant on the same charges.

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