The Constitutions of the United States and the State of New York guarantee defendants in
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criminal trials and litigants in civil trials the right to a trial by jury. The New York State Judiciary Law
states that all litigants have the right to juries selected from a fair cross section of the community and that
all eligible citizens shall have both the opportunity and the obligation to serve. A criminal trial is a
process for establishing whether the prosecutor has proved beyond a reasonable doubt that an individual
is legally guilty of a crime. Juries are selected through a questioning process known as “voir dire.” The
lawyers, and sometimes the judge, ask questions to decide whether or not each juror should serve on a
particular case. The questions are intended to learn whether an individual has any bias or personal
knowledge that could hinder his or her ability to judge a case impartially. In a criminal trial, the voir dire
questioning is always recorded by the court reporter. For a criminal felony trial, there are 12 jurors plus
up to six alternates. Alternate jurors are necessary in case a juror must be excused due to an emergency.
After the voir dire is completed, the jurors selected to try the case will be sworn in. Each juror pledges to
act fairly and impartially and follow the law that is explained by the judge. The trial judge then explains
the jurors’ responsibilities and some of the legal concepts that apply to the case. The judge’s
explanations are called preliminary instructions and include the requirements that jurors not read or listen
to news accounts of the trial, not visit the scene of an alleged offense, not conduct any research about
issues in the case including use of the Internet, and not discuss the case with anyone (including other
members of the jury) until all the evidence has been presented and the jury retires to deliberate.
After the judge’s preliminary instructions, the lawyers make opening statements to the jury. The
opening statement presents the issues in the case from one side’s point of view. In a criminal trial, the
prosecutor’s opening statement outlines the charges and evidence that will be offered. Because the
burden of proof in a criminal trial is on the prosecution and the defendant is presumed to be innocent, the
defense is not required to make an opening statement, but may choose to do so. The judge may allow
jurors to submit written questions for witnesses. The judge decides whether or not to ask each question
submitted by a juror. Each side has an opportunity to present witnesses, to cross-examine the witnesses
presented by the other side, and to present other evidence. Additionally in a criminal trial, the defense is
not required to put on witnesses or to present any evidence at all. Usually, each lawyer will make a
closing argument—a summation of that side’s point of view about the evidence and the decisions the
lawyer would like the jury to make.
Following the closing statements, the judge explains the laws that apply to the case and
the issues the jury is to consider. These remarks by the judge are called the jury instructions and after
receiving the instructions, the jurors go to a jury room to deliberate. The jury reviews the evidence
which was presented. The jurors discuss their views about this information. If questions arise during
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the deceased. The Judge held that whether the decedents were burned to death through the culpable
negligence of the defendants was a question of fact for the jury and he disallowed the defendants’ challenges
to these counts.
The Trial
Now that the indictment had withstood the defendants’ challenges, the case went to trial on the first
indictment, relating to the death of Margaret Schwartz, a young woman who died while trying to exit through
the Washington Place door. Judge Thomas C. T. Crain presided, and a jury of twelve men was selected.
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