So far in this series, we've covered everything that happens in a felony case from arrest through indictment, all the way up to this point, which the last part of trial. Once the State has its chance to put on any evidence to rebut the defendant's case, the jury is excused so that the State and defense can discuss jury instructions with the judge. That's where we pick up here.
Jury Instructions: Explaining the Law
Before closing arguments, the jury receives instructions about the law. Prior to giving these instructions, the parties meet with the judge to argue about what instructions should be given. Each side proposes instructions they think the jury should hear, and the judge ultimately decides which ones fit the particular case.
These instructions are basically statements of law that tell the jury how to decide the case and what legal standards apply. The judge reads these instructions to the jury before closing arguments.
Closing Arguments: The Final Persuasion
Just like throughout the trial, the prosecution goes first in closing arguments, then the defense, and then the prosecution gets a rebuttal opportunity. Closing arguments can range anywhere from 10-15 minutes per side all the way up to an hour or more, depending on the complexity of the case and the lawyers involved.
This is each side's final opportunity to persuade the jury about what the evidence means and how they should decide the case.
Jury Deliberations: The Decision
Once closing arguments are complete, the jury "retires" to the jury room to deliberate. They're given a special instruction about what form their verdict should take and how to write it down.
If the jury has questions during deliberations, they knock on the door and deliver their question in writing to the judge. The judge discusses the question with the lawyers, and almost always, if it doesn't involve food or going home for the evening, the response is: "You have your evidence and you have your instructions. Please continue to deliberate."
When Juries Can't Decide: Deadlocked Juries and Mistrials
Sometimes a jury cannot reach a verdict. When you have people who believe strongly in opposite directions and can't reach consensus, we call that a deadlocked jury. There's a special instruction the court will read to try to encourage further deliberation, but if they still cannot reach a conclusion, the judge will declare a mistrial.
The Verdict: Guilty or Not Guilty
If the jury does reach a verdict, they knock and let the judge know. They come back into the courtroom, and the verdict is announced in open court: guilty or not guilty.
After the verdict is read, either side can "poll the jury," which means having the judge ask each juror individually: "Is this your verdict, Juror Number 1? Is this your verdict, Juror Number 2?" and so on through all 12 jurors.
I've seen instances where there was still some disagreement, where a juror said "No, that's not my verdict." When that happens, a mistrial can be declared at that point as well.
What Happens After a Guilty Verdict
If there is a guilty verdict, the next step is sentencing. In Mississippi, sentencing is up to the judge, not the jury. The judge can impose sentence immediately after the verdict or set sentencing for another date.
After sentencing is when post-trial motions are filed and the appeal process begins – but that's a topic for another discussion.
Understanding the Reality of Trials
This walkthrough gives you an idea of what the post-indictment phase looks like when a case actually goes to trial. It's a complex, formal process with specific rules and procedures that can seem overwhelming if you're not familiar with how it works.
The reality is that criminal trials are as much about procedure as they are about evidence. Understanding these procedures – from jury selection through verdict – can help you make informed decisions about your case and understand what you're facing if plea negotiations don't result in an acceptable resolution.
If you're facing felony charges that might go to trial, having experienced representation who understands these processes and can navigate them effectively becomes absolutely crucial. This is not the time to leave anything to chance.