Judge vs. Jury: Who Decides What in a Criminal Trial?

The jury’s role is to decide whether the prosecutor has proven that the defendant committed the crime beyond a reasonable doubt and, if not, render a verdict of not guilty. The judge’s role in a criminal case is to say what the law is, apply the law, and ensure fairness.

Introduction

Both the judge and jury have been part of the American justice system since its very beginning, and this article will teach you about their significant roles. 

The Role of the Judge

Judges are often compared to referees, as their job is to make sure the “rules” are followed. In the criminal justice system, these rules are the rules of procedure, the rules of evidence, the Constitutional rights of the defendant, and more. The judge decides whether to issue search or arrest warrants, grant or deny motions, and what evidence is allowed. A judge’s duties can also differ depending on the type of judge they are:

Magistrate judge	The first-appearance judge who decides bail.
Trial judge	Oversees the trial, provides instructions on the law,  and determines the sentence.
Appeals judge	Determines whether the law was applied correctly.

The trial judge is also the main source of communication to the jury. The trial judge instructs the jury, reading them the jury instruction and explaining the law applicable to the case. The trial judge even participates in voir dire (the process of jury selection), asking the jury questions about their ability to be fair and impartial.  At the conclusion of trial, the judge determines sentencing. Ultimately, the judge still has much discretion when it comes to sentencing. To learn more, visit our state or federal sentencing articles. 

The Role of the Jury 

The jury is a group of American citizens who have been summoned to the court via mail. The court’s juror pool is usually drawn from the county’s voter registration and DMV records. The summoned jurors come to court to be questioned by the judge and both parties’ attorneys in the voir dire process of jury selection. During voir dire, the jurors are asked questions about their personal experiences and views to gauge whether they can be fair and impartial jurors. Based on their answers, the jurors may be excused from the jury or selected to serve.

The jurors selected to serve for a jury have a deeply important role: they alone can decide whether the defendant is found not guilty or guilty in a criminal case. The jurors must be convinced of the defendant’s guilt beyond a reasonable doubt in order to convict the defendant. The jurors are each instructed to weigh testimonies and evidence themselves, deciding which facts they believe are true. Therefore, jurors have a lot of power in the criminal courtroom. It is critical that jurors understand the high burden of proof that the prosecution has to meet (beyond a reasonable doubt) and that each element of a charge must be proven. (See Criminal Elements) 

 In a civil case, the jurors decide whether the defendant is liable or not liable for the civil harm and damages. The burden in a civil case is lower: the claim must be proven by a preponderance of evidence (which means it is more likely to be true than not.)  

Grand Jury

Another type of jury is the grand jury. At a grand jury hearing, jurors decide whether there is probable cause that the defendant committed the crime they are accused of. If there is probable cause, the grand jury issues an indictment to officially charge the defendant and begin the criminal justice process. 

Bench Trial

In some cases there is no jury at all. This happens when there is a bench trial instead of a traditional jury trial. Both civil and criminal cases have bench trials. In a bench trial, the judge decides the facts of the case and the defendant’s verdict instead of the jury. The judge will also determine the sentence, as usual. Bench trials are chosen for numerous reasons, such as when the content of the case is considered too polarizing for a jury to remain fair and impartial, when there are complex legal issues, or when it is more efficient (as jury trials typically cost more time and court resources). 

Conclusion

In sum, this was an overview of the significant roles of the judge and jury in the American criminal justice system. Both the judge and jury yield power in a case before and during trial.