All of the information that will follow has been taken directly from the American Bar Association's website: http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/jurydeliberate.html

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How Courts Work

Steps in a Trial

Jury Deliberations

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After receiving the instructions and hearing the final arguments, the jury retires to the jury room to begin deliberating. In most states the first order of business is to elect one of the jurors as the foreperson or presiding juror. This person’s role is to preside over discussions and votes of the jurors, and often to deliver the verdict. The bailiff’s job is to ensure that no one communicates with the jury during deliberations.

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In some states, the jury may take the exhibits introduced into the record and the judge's instructions to the jury room. Sometimes the jury will have a question about the evidence or the judge's instructions. If this happens, the jury will give a note to the bailiff to take to the judge. The judge may respond to the note, or may call the jury back into the courtroom for further instructions or to have portions of the transcript read to them. Of course, any communication between the judge and jury should be in the presence of lawyers for each side or with their knowledge.

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Usually the court provides the jury with written forms of all possible verdicts, so that when a decision is reached, the jury has only to choose the proper verdict form. In most instances, the verdict in a criminal case must be unanimous. In some states a less than unanimous decision is permitted in civil cases. All federal cases require a unanimous decision.

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If the jury cannot come to a decision by the end of the day, the jurors may be sequestered, or housed in a hotel and secluded from all contact with other people, newspapers and news reports. In most cases, though, the jury will be allowed to go home at night. The judge will instruct jurors not to read or view reports of the case in the news. Nor should they consider or discuss the case while outside of the jury room.

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If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. The case is not decided, and it may be tried again at a later date before a new jury. Or the plaintiff or government may decide not to pursue the case further and there will be no subsequent trial.

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The Role of Judges

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What does a judge do? Maybe it's best to start with what he or she doesn't do. Even though he or she works for the state, a judge is not a law enforcement officer. A judge is not a prosecutor. Judges don't arrest people or try to prove them guilty.

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Judges are like umpires in baseball or referees in football or basketball. Their role is to see that the rules of court procedures are followed by both sides. Like the ump, they call 'em as they see 'em, according to the facts and law—without regard to which side is popular (no home field advantage), without regard to who is "favored," without regard for what the spectators want, and without regard to whether the judge agrees with the law.

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The Role and Structure of Courts

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Law won't work without independent courts. That means courts that aren't under the thumb of the political powers-that-be. An independent judge can assure that your case will be decided according to the law and the facts—not the vagaries of shifting political currents.

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We need courts to interpret and apply the law when parties dispute. In that way, courts take law out of dry and dusty law books, and make it part of the living fabric of our lives. Courts apply the law to specific controversies brought before them. They resolve disputes between people, companies and units of government.

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Often, courts are called on to uphold limitations on the government. They protect against abuses by all branches of government. They protect minorities of all types from the majority, and protect the rights of people who can't protect themselves. They also embody notions of equal treatment and fair play. The courts and the protections of the law are open to everybody.

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In any state, there are not one but two distinct court systems: state courts and federal courts. The vast majority of cases—over 95%—are handled by the state courts. The great bulk of legal business—traffic offenses, divorce, wills and estates, buying and selling property—is handled by the state courts, because all these areas are governed primarily by state laws.

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Basically, the courts of this country are divided into three layers:

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• trial courts, where cases start;

• intermediate (appellate) courts, where most appeals are first heard; and

• courts of last resort (usually called supreme courts), which hear further appeals and have final authority in the cases they hear.

This division is generally true of both state courts and federal courts.

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Comparison of a Defense Lawyer & a Prosecutor

by Maureen Malone, studioD 

Excerpted from: http://work.chron.com/comparison-defense-lawyer-prosecutor-26628.html

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Prosecutors and defense lawyers are attorneys working on criminal cases. Prosecutors charge suspects with crimes and attempt to convict them in court, while defense attorneys strive to defend their client, the suspect, and prevent a conviction. Although the two types of lawyers are similar, each plays a distinct role in the court system.

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Prosecutor and Defense Lawyer Similarities

Both prosecutors and defense lawyers complete the same education. In addition to completing a four-year undergraduate program, lawyers must attend three years of law school to attain a juris doctor degree. Required coursework includes contracts, constitutional law, civil procedure and legal writing. After completing law school, lawyers must pass the bar examination to be admitted to the state bar and begin practicing law. Prosecutors and defense attorneys are both key players in the criminal court system.

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Role in the Courtroom

During a trial, the prosecutor must prove that the accused is guilty beyond a reasonable doubt. He does this by presenting evidence and questioning witnesses in an effort to convince the jury of guilt. The defense lawyer's goal during the trial is not to prove the accused is innocent, but rather to be an advocate and represent the client throughout the trial. Even if the accused has admitted guilt to the defense attorney, the defense does not have to share this information and may still defend the client. If evidence was obtained illegally or the client's rights were violated, this may allow the defendant to escape conviction.

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