Criminal.law · Guides
Trial: What Happens at a Criminal Trial
How a criminal trial works: who decides guilt, when a jury can be waived in federal court, Florida and New Mexico, and what the verdict leads to.
Editorial direction: Antonio G. Jimenez · Former prosecutor and former criminal defense attorneyPublished General legal information, not legal advice · Editorial standards
Key takeaways
- The Sixth Amendment secures the right to a speedy, public trial by an impartial jury in criminal prosecutions. [3]
- In a federal trial without a jury, the judge must find the defendant guilty or not guilty. [4]
- To give up a jury, federal court requires a written waiver, government consent and court approval. Florida requires a written waiver with the state's consent. [4][1]
- In New Mexico's metropolitan court, some cases have no jury, and others lose the jury if no one demands one in time. [5]
- When a New Mexico metropolitan court jury returns a verdict, the judge gives judgment on it. [5]
| Court | Usual decision-maker | How the jury can be given up | Who else must agree |
|---|---|---|---|
| Federal court | A jury, when the defendant is entitled to one | The defendant waives a jury in writing | The government consents and the court approves [4] |
| Florida state court | A jury, as a right of the accused | The defendant waives a jury in writing | The state consents [2][1] |
| New Mexico metropolitan court, highest penalty category | A jury | The defendant waives a jury | The court approves and the state consents [5] |
| New Mexico metropolitan court, middle penalty category | A judge, unless a party demands a jury | A jury is treated as waived if no one demands it as the statute requires | Either party may demand a jury [5] |
| New Mexico metropolitan court, lowest penalty category | A judge | The statute provides no jury for these cases | Not applicable [5] |
What happens at a criminal trial?
At a criminal trial, evidence is presented in public, and a factfinder decides whether the defendant is guilty or not guilty. The factfinder is either a jury or, in a nonjury (bench) trial, a judge. In the United States, the Sixth Amendment secures the accused's right to a public trial by an impartial jury. Federal and state rules, such as Florida's, set when that jury can be waived and how the verdict is reached. [3][4]
Does a criminal trial work the same way in every court?
No. Every criminal trial in the United States is shaped by the federal Constitution. But the detailed rules come from the court system hearing the case, which is either federal court or a particular state. This page uses federal rules, Florida's rules and a New Mexico statute as examples. Other states have their own rules. [3][1]
Who decides the case at trial?
Either a jury or a judge decides whether the defendant is guilty. The Sixth Amendment secures the accused's right to a speedy and public trial by an impartial jury. Florida's rule restates that right for a trial in the county where the crime was committed. [3][2]
When there is no jury, the judge decides. Federal Rule 23 says that in a case tried without a jury, the court itself must find the defendant guilty or not guilty. A trial of this kind is often called a bench trial. [4]
Not every charge comes with a jury. New Mexico's metropolitan court is one example. There, cases in the lowest penalty category, including those punishable only by a fine or loss of a license, are tried by the judge without a jury. The statute defines where those penalty lines fall. [5]
What does the jury do during a trial?
The jury hears the evidence and then decides on a verdict after the judge instructs it on the law. New Mexico's metropolitan court statute describes this sequence. The jury hears evidence presented in public. The judge then charges, or instructs, the jury. The jury stays together until it agrees on a verdict or the judge discharges it. [5]
The Sixth Amendment shapes what happens in front of the jury. It provides the right to confront the prosecution's witnesses. It provides compulsory process, meaning court orders that make witnesses appear, to bring in defense witnesses. It also provides the right to a lawyer's assistance. [3]
The applicable rule sets the jury's size. Federal Rule 23 sets a standard size. It lets the parties agree in writing, with the court's approval, to a smaller jury. It also lets the court accept a verdict from a smaller jury if a juror is excused for good cause during deliberations. [4]
Can a jury trial be waived?
Yes, in many courts, but usually not by the defendant alone. In federal court, a case the defendant is entitled to have tried by jury stays a jury trial unless three things happen. The defendant must waive the jury in writing, the government must consent and the court must approve. [4]
Florida's rule also requires agreement from both sides. A defendant may waive a jury trial in writing, but only with the consent of the state. [1]
New Mexico's metropolitan court follows a similar approach for the most serious cases it hears. Those cases are tried by jury unless the defendant waives it, the court approves and the state consents. [5]
Can the right to a jury be lost without signing a waiver?
In some courts, yes. In New Mexico's metropolitan court, either side may demand a jury in cases in a middle penalty range. If no one makes the demand in the way and within the time the statute sets, trial by jury is "deemed waived." [5]
This approach is different from the federal and Florida rules, which describe a written waiver by the defendant. Whether a jury can be lost by not asking for one depends on each jurisdiction's own rules. [4][1]
What happens after the verdict?
A verdict leads to a judgment by the court. In New Mexico's metropolitan court, the statute directs that "the judge shall give judgment upon any verdict." Later steps, such as sentencing or an appeal, follow other rules that this page does not cover. [5]
A jury does not always reach a verdict. The same New Mexico statute keeps a criminal jury together until it either agrees unanimously or is discharged by the judge. [5]
In a federal bench trial, the judge's decision can come with stated reasons. If a party asks before the finding, the court must state its specific findings of fact in open court or in a written decision or opinion. [4]
Does a jury have to agree unanimously?
It depends on the court's rules. New Mexico's metropolitan court statute keeps a criminal jury together until its members unanimously agree on a verdict or the judge discharges them. This page does not survey the unanimity rules of other courts. In each court, the applicable law sets that requirement. [5]
How many people sit on a criminal jury?
The applicable rule sets the number. Federal Rule 23 sets a standard jury size. With the court's approval, the parties may agree in writing before the verdict to a smaller jury. The court may also let a smaller jury return a verdict if it excuses a juror for good cause after deliberations begin. New Mexico's metropolitan court has its own, separately defined jury size. [4][5]
If a judge decides the case, does the judge explain the decision?
In federal court, a judge can be required to. Under Federal Rule 23, either party may ask before the finding of guilty or not guilty. The judge must then state specific findings of fact, either in open court or in a written decision or opinion. Other courts follow their own rules on this point. [4]
What rights does the accused have during the trial itself?
The Sixth Amendment provides several trial rights. The accused can confront the witnesses against them. The accused can use compulsory process, meaning court orders that require witnesses to appear, to bring in favorable witnesses. And the accused can have the assistance of counsel. These rights apply in criminal prosecutions alongside the right to a public jury trial. [3]
Where does a criminal trial take place?
Generally, it takes place where the crime is alleged to have happened. The Sixth Amendment refers to a jury of the state and district where the crime was committed. Florida's rule refers to an impartial jury in the county where the crime was committed. [3][2]