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Have you ever served on a jury, or hope to serve on a jury someday? As a member of the jury in a criminal trial, your job is to determine whether the prosecutor has proven a case beyond a reasonable doubt. What do you think is the most important step for a prosecutor during a jury trial for a criminal defendant? Is it the selection of the jury, the opening statement, the closing statement, or something else?

The first step in selecting a jury is to gather the venire, the group of prospective jurors assembled according to lawful procedures. The prosecutor and defense attorney will then participate in the process of voir dire, the questioning of the prospective jurors to determine whether there are grounds to challenge their participation in the trial, or if each side would like to select the individual to participate in the jury. This step is crucial to prosecutors so that they may build a panel of jurors that is more likely to vote for their side of the argument. While there are guidelines on the types of questions that may be asked, a creative prosecutor can fashion their questions to eliminate individuals from the jury who might be unsympathetic to the prosecution’s argument.

Once a jury has been selected, the prosecutor is allowed an opening statement. The statement should acquaint the jury with the nature of the charge against the alleged perpetrator and provide a description of the evidence that is to be offered. This is the first opportunity to persuade the jury to side with the State. The prosecution goes before the defense because they have the burden of proof and, therefore, the burden to produce evidence of the defendant’s guilt.

The prosecution will then present its case through direct examination of witnesses testifying for the state, cross-examination of defense witnesses, and potentially cross-examination of the defendant, should the defendant choose to testify. The goal is to present evidence that convinces a jury beyond a reasonable doubt that the defendant is guilty.

Finally, before the decision is placed in the jury’s hands, the prosecution will have the opportunity to make a closing statement. In most jurisdictions, the prosecution will again go first. The goal of the closing statement is to review evidence or issues brought out during the trial and to present theories on how the jury should view the evidence in a way that confirms the defendant’s guilt. While a prosecutor has discretion and latitude in the closing summation, there are still guidelines to follow regarding what is appropriate and what is considered improper.

Which stage do you think is most important for the prosecutor?

A representative wearing a suit stands in front of a group of seated jurors in a courtroom.



During which stage of the trial does the prosecution and defense have an opportunity to review the evidence presented and pose theories on how jurors should view the evidence in their decision-making?
a. Cross-examination
b. Voir dire
c. The opening statement
d. The closing statement
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Answer 1

d. The closing statement

Explanation: The closing statement (closing argument) is when each side reviews the evidence that was actually presented at trial and argues how the jury should interpret that evidence in reaching a verdict.