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What to expect in the courtroom

A Courtroom Scene

Seated on the bench is the judge. The judge is a highly educated and experienced attorney who is responsible for the conduct of the trial according to the laws of Pennsylvania. The judge makes all decisions on questions of law relative to objections of evidence or testimony. At the end of the case, the judge makes what is known as the “charge” to the jury, which explains the law to be followed in the case.

Facing the judge are the principal parties. Seated closest to the jury box is the district attorney, who represents the commonwealth in a criminal case. In a criminal case, a person is being charged by the state with a violation of a law. Next to the prosecuting attorney is the defendant and his or her attorney-the defense attorney. The defendant is the person charged with an offense in a criminal case.

Other people in the courtroom setting include the deputy sheriffs, who are present during all criminal trials, and the court officers, who swear in all witnesses and assist the judge, jurors, and attorneys to make the trial function smoothly.

Sitting in front of the witness box is the court reporter, who makes a certified word-for-word record by stenographic machine of everything that happens at the trial. The court clerk, who sits immediately in front of the judge's bench, is responsible for all the papers filed during a trial, as well as orders made by the court and the verdict at the end of the trial. Lastly, there are the jurors.

Voir Dire

Voir Dire is the selection of the jurors. Under Pennsylvania law, 12 jurors are picked to decide a case. Alternate jurors may be chosen to serve as part of the jury to avoid unnecessary delays or expenses in the event of the incapacity of a juror.

Jurors are randomly picked to serve on the panel. Jurors are sent to a courtroom in panels of about 30 persons, more if it is a homicide case. The jurors are asked to sit in the body of the courtroom or sometimes arranged in the jury box. Voir dire, or striking of the jurors, will then begin.

The court clerk has a master list of every name on the panel of jurors in the courtroom and a copy of that list is given to each lawyer. The judge will give the names of the parties and their attorneys and will briefly summarize the nature of the case. This is the first information the jury receives concerning the case, which is not evidence, but is merely background. The attorneys will then ask the group certain questions before striking begins. In some special cases, jurors may be questioned individually, particularly in homicide cases.

The Trial

Initially, the district attorney may make an opening statement to outline the case against the defendant. The defendant’s attorney then may make a statement outlining the defense immediately thereafter, or may postpone it until later in the trial. Remember, the opening statements are not evidence, but only an outline of the case.

The district attorney in a criminal case then presents evidence to the jury for examination. The district attorney may call witnesses to testify and may offer exhibits such as documents or physical objects as evidence. However, the defendant, through his attorney, has the right to cross-examine witnesses in order to test the truthfulness and accuracy of the testimony.

At the close of the commonwealth’s case, the defendant may offer evidence. Under the law, every defendant is presumed innocent. The burden is on the commonwealth to prove the defendant guilty beyond a reasonable doubt. If the defense does call witnesses, the district attorney may cross-examine those witnesses.

Objections

During the trial, one of the lawyers may object to a question posed or an exhibit offered by opposing counsel. It is then the judge’s responsibility to decide if the question or exhibit is proper to hear or see. It is a question of law and many times it is decided at a sidebar conference. Here, the judge meets with the attorneys out of hearing of the jury. The reasoning of the judge is based upon rules of evidence, which may be difficult to understand.

Closing Argument

After all witnesses have been called and all evidence has been presented, both sides may then address the jury. This is called the final or closing argument. In the final argument each counsel will urge the jury to reach a conclusion favorable to the party he or she represents. Remember, arguments of counsel are not evidence.

Charge to the Jury

The final stage of the trial is the charge to the jury by the judge. No one is allowed to enter or leave during the charge. At this time the judge explains to the jury the rules of law that apply to the case.

Deliberations

The initial concern of the jury is to select one member of the jury as a spokesperson. This juror is called the foreman or forelady. This selection should be relatively quick since the foreperson has no more authority than any other juror. The foreperson announces the verdict in open court.

As soon as the verdict is reached, the jury’s foreperson tells the court officer the jury is prepared to render that decision. The foreperson then delivers the verdict for the jury.