Southern Maine Criminal Lawyer BlogWhat Is a Trial by Jury?
A trial by jury is a legal proceeding in which a group of citizens hears evidence and decides questions of fact to reach a verdict. The judge presides over matters of law – ruling on objections, admitting evidence, and instructing jurors – while the jury determines guilt or innocence.
So what is a jury trial in practical terms? It is the cornerstone of the American criminal justice system. The Sixth Amendment to the U.S. Constitution guarantees the right to a jury trial in criminal prosecutions. Article I, Section 6 of the Maine Constitution provides the same protection at the state level.
To define jury trial more precisely, it helps to distinguish two types of juries. What is the trial jury? It is the petit jury – the panel of citizens that sits through a criminal or civil case, weighs the evidence, and delivers a verdict.
A grand jury serves a different purpose. Grand juries review evidence behind closed doors to decide whether criminal charges should be brought. They do not determine guilt.
When people refer to a trial by jury, they almost always mean the petit jury process that unfolds in open court.
When Do You Have the Right to a Jury Trial?
Under the U.S. Constitution, the right to a jury trial attaches in criminal cases where the potential punishment exceeds six months of incarceration. The U.S. Supreme Court established this threshold in Baldwin v. New York and incorporated the jury right against the states in Duncan v. Louisiana.
In Maine, every criminal case proceeds to a jury trial unless the defendant waives that right with the court's approval, and that includes Class E crimes. The classes run from Class A crimes, punishable by up to 30 years, down to Class E crimes, punishable by up to 6 months.
Civil violations and traffic infractions are not crimes in Maine, so the criminal jury right does not reach them. They are answered in the District Court and carry fines rather than incarceration.
A defendant may also waive the right to a jury and proceed with a bench trial, where the judge alone decides the facts. The waiver needs the court's approval and is signed by the defendant in writing in open court. In Class D and E cases, the defendant may waive the jury and elect to be tried in the District Court. The decision to waive a jury is a strategic choice that calls for the guidance of a criminal defense attorney.
Civil jury trial rights differ. The Seventh Amendment preserves the right to a jury in certain federal civil cases. Maine's constitution also preserves jury trial rights in civil suits, but a civil jury is 8 or 9 members and, unless the parties agree otherwise, the verdict takes the unanimous vote of at least two-thirds of them.
How Jury Selection Works (Voir Dire)
Jury selection – called voir dire – is the process attorneys and the court use to select jury members from a pool of ordinary citizens. In Maine, the juror source list comes from the lists of licensed drivers and state ID card holders, plus residents who ask to be added.
On the day of jury selection, the clerk calls a panel of prospective jurors into the courtroom. Under Maine law, the jury clerk draws prospective jurors from tickets placed in a box. After mixing, the clerk draws names one at a time.
The judge begins with preliminary questions. These cover basic qualifications: residency, English proficiency, and whether any juror knows the parties or witnesses. Under Maine law, the court must permit parties and attorneys to conduct voir dire examination. Under the court's direction, attorneys may ask follow-up questions designed to uncover bias, preconceptions, or life experiences that could affect impartiality.
Two types of challenges allow attorneys to remove prospective jurors. Challenges for cause are available to both the prosecution and the defense. These challenges are not capped at a set number, but each needs a ground the court tests, such as bias, a formed opinion, or a relationship to a party. Under the same section, no member of the grand jury that returned the indictment may sit on the trial jury if the accused objects.
Peremptory challenges allow attorneys to remove jurors without stating a reason. Supreme Judicial Court rule sets the number: 10 for each side if the crime is punishable by life imprisonment, 8 for other Class A, B and C crimes, and 4 in all other criminal prosecutions. However, under Batson v. Kentucky and the cases that followed it, peremptory challenges cannot be used to exclude jurors based on race or gender.
In Maine criminal cases, juries are of 12, so the process continues until 12 jurors are seated. The court may also impanel alternate jurors when the trial is expected to be lengthy. Alternates follow the same selection process, take the same oath, and replace any juror who becomes unable to serve before deliberations begin.
What Happens During a Jury Trial
A criminal case that goes to trial with a jury follows a structured sequence. Each stage serves a distinct purpose.
Opening statements come first. The prosecution outlines what it intends to prove. The defense may present its own opening or reserve it until later.
The prosecution's case-in-chief follows. The state calls witnesses and introduces evidence through direct examination. The defense cross-examines each witness to test credibility and challenge the evidence.
The defense case comes next – if the defense chooses to present one. The defendant has no obligation to testify or call witnesses. The burden of proof rests entirely on the prosecution.
Closing arguments allow both sides to summarize their positions and highlight the evidence that supports their theory of the case.
Jury instructions are delivered by the judge. These explain the applicable law, the elements of each charge, and the standard of proof. In criminal cases, the prosecution must prove guilt beyond a reasonable doubt – the highest standard in the legal system.
Deliberations take place in private. Jurors discuss the evidence and attempt to reach a verdict. In Maine criminal cases, the verdict must be unanimous. All 12 jurors must agree on guilt or acquittal for each charge.
If the jury cannot reach a unanimous verdict, the result is a hung jury. The judge discharges the jury and declares a mistrial, and the case may be tried again.
Jury Trial vs. Bench Trial: Which Is Better?
Choosing between a jury trial and a bench trial is one of the most important strategic decisions in a criminal case. Neither option is inherently better. The right choice depends on the specific facts and circumstances.
Defense attorneys generally weigh several factors when advising clients. The nature of the charges matters. Cases involving sympathetic victims or emotionally charged facts may pose challenges before a jury. A judge may evaluate the same evidence more analytically.
The strength of legal arguments also plays a role. If the defense rests on a technical legal issue – such as a constitutional challenge to a search or a question of statutory interpretation – a bench trial may be more effective. Judges are trained to apply legal standards without being influenced by emotion.
The composition of the local jury pool can also factor into the decision. Community attitudes toward certain offenses may vary by jurisdiction.
Conversely, a jury trial offers advantages when the defense case depends on credibility, reasonable doubt, or the ability to connect with everyday people. Twelve citizens bring diverse perspectives that a single judge cannot replicate.
This decision should never be made without consulting a criminal defense attorney who understands the local courts and the specific allegations. What serves one defendant well may not serve another.
Frequently Asked Questions About Jury Trials
What Does Trial by Jury Mean?
Trial by jury means that a panel of citizens – rather than a judge alone – hears the evidence in a case and decides the factual questions. In a criminal case, the jury determines whether the prosecution has proven guilt beyond a reasonable doubt. The judge still controls legal rulings, such as what evidence is admissible. This right is guaranteed by the Sixth Amendment and the Maine Constitution.
How Many Jurors Are on a Jury in Maine?
In Maine, a criminal jury consists of 12 members, and the court may seat up to 4 alternate jurors for lengthy trials. Alternates observe the entire trial and step in if a regular juror cannot continue. All 12 sitting jurors must agree on a verdict in a criminal case. A Maine civil jury is 8 or 9 members.
How Are Jurors Selected for a Trial?
Jurors are selected through voir dire. The court summons a pool from the lists of licensed drivers and state ID card holders. The clerk draws names at random, and the judge questions each prospective juror about potential biases, with attorneys following up under the court's direction. Attorneys may remove jurors through challenges for cause or peremptory challenges. The process continues until the full panel is seated.
Can I Waive My Right to a Jury Trial?
Yes. A defendant in a criminal case may waive the right to a jury trial and choose a bench trial instead. The waiver needs the court's approval and is signed by the defendant in writing in open court. This is a significant decision that should be discussed carefully with a defense attorney who can evaluate how the facts of your case may play before a judge versus a jury.
What Happens if a Jury Cannot Reach a Verdict?
If the jurors cannot reach a unanimous verdict after deliberations, the jury is considered "hung." The judge discharges the jury and declares a mistrial. The case is not dismissed automatically. The prosecution may choose to retry the case before a new jury, negotiate a plea agreement, or in some circumstances decline to pursue the charges further.
Speak With a Maine Criminal Defense Attorney About Your Case
If you are facing criminal charges in Maine, the question of whether to request a jury trial is one that deserves careful attention. The answer depends on the charges, the evidence the state holds, and the strategic considerations that are unique to your situation.
Webb Law Firm offers a free consultation to discuss your case. Preparation for a jury trial begins well before trial day. Motions, discovery review, and jury strategy start at arraignment. Early involvement of a defense attorney may make a meaningful difference in how your case unfolds.
Every case is different, and results depend on the specific facts. Contact Webb Law Firm by phone or through the online contact form to discuss your options.
