California Criminal DUI Trial: Jury Deliberations

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  1.  » Selecting a Jury
  2.  » Opening statements
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  6.  » Defendant's Testimony
  7.  » Closing Argument
  8.  » Jury Instructions
  9.  » Jury Deliberations
  10.  » Jury Verdict
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Once both sides have made closing arguments in a California criminal DUI trial and the judge has given the jury instructions, jurors are sent outside the courtroom to deliberate the criminal case.

The jurors will select a foreperson who oversees the deliberation process. They weigh all of the evidence presented throughout the trial. They decide which facts to consider, which to discount, and decide how much weight to give to each piece of evidence.

Jurors in a criminal trial are required to follow the instructions given to them by the judge. If the jury have any questions, the foreperson can send a note to the judge. Jury panel are also permitted to see physical evidence if they wish.

Once the jurors have deliberated for a period of time, they will take a vote. If all agree, they have reached a verdict. If they do not agree, additional deliberations will follow. When the jury reaches a verdict, the bailiff is notified, and the jury returns to the courtroom.

If all jurors agree on the defendant's culpability, a guilty verdict is given. If all jurors agree on the defendant's innocence, an acquittal, or verdict of not guilty, is returned.

If jurors cannot agree on a verdict, there is a "hung" jury. Although it may not seem that way, this is considered a victory for the defense. Many California DUI cases are dismissed after a "hung" jury. If the case is not dismissed, the prosecution may offer a generous plea bargain. Although the case can be retried, the prosecutor rarely will want to do so.