Why does the judge see the jury’s verdict before it’s read aloud? (2025 Legal Answers)
Ensuring legal compliance and safeguarding against appeals are why the judge sees the jury's verdict before it's read aloud. The foreman of the jury reads the verdict, but legal errors are corrected first. Less than 1% of criminal cases make it to trial, so consult an attorney to understand your rights.
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Shaheen F. Manshoory is a trial attorney specializing in criminal defense law, specifically litigation of complex criminal matters in state, federal, and juvenile courts, including the defense of professionals, corporations, and high-profile matters. Mr. Manshoory focused on integrating substantive knowledge and professional skills instruction. He excels in case planning and negotiations. Man...
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UPDATED: Jan 16, 2025
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UPDATED: Jan 16, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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In a jury trial, why does the judge see the jury’s verdict before it’s read aloud? The judge will read the verdict before the foreman in court to prevent the possibility of misunderstandings and any appellate issues with the judgment or sentencing.
Why does the judge know the verdict before it is announced? The court can only receive a valid judgment, and an invalid judgment can result in jeopardy attaching — which means a defendant could avoid criminal responsibility for their actions.
Keep reading to learn who reads the verdict and what happens after a judge or jury rules in your favor. Enter your ZIP code if you need to speak to an attorney today.
- The lead juror, called the jury foreman, reads the verdict aloud in court
- The judge reads the verdict first to ensure legal compliance and integrity
- The Sixth Amendment protects your right to a trial by jury
Why The Judge Sees The Verdict First
Who reads the verdict in court? The foreman of a jury reads the verdict in court. Everyone will be present in court for the reading of the verdict, including the defense, prosecution, and court clerks, but the presiding judge will proofread it first.
Why does the judge read the verdict first? Per the rules of criminal procedure, if the court notices any defects in the verdict or the completion of the verdict form, they can be addressed at that time by requiring the jury to return to the jury room with an admonishment of the errors noticed by the judge.
Juries are occasionally confused by the court’s instructions or simply want more options than are listed. For example, intoxication assault is a third-degree felony in Texas with a maximum sentence of two to ten years. However, a jury may try to sentence a defendant in excess of ten years, thereby ignoring the court’s instruction.
What is a foreman in court doing at this time? Well, it is their job to ensure jurors know the laws to avoid jeopardy attaching. If the jury verdict sentences a defendant to more than the mandated maximum, the sentence would be considered illegal because it was outside the range of punishment.
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What Happens When a Case Goes to Trial
At trial, the facts of a case are presented to decide guilt (in a criminal case) or liability (in civil cases). Do judges look at the evidence before trial? They can, during discovery, to assess its relevance and legality. Learn how civil procedure differs from criminal procedure.
No matter the charges, you have the right to a trial. Courts provide two types — in a jury trial, a group of citizens listens to the evidence and makes the decision, while in a bench trial, the judge handles both the law and the verdict.
A jury trial may benefit defendants in cases where evidence isn’t so cut and dry. A jury of peers is likelier to sympathize with personal stories and similar life experiences or have a general distrust of authority that could question the prosecution’s claims in a way a judge would not.
What is a foreman in jury trials? They are the juror selected to communicate with the judge and bailiff and speak with the court, including reading the verdict aloud. The foreperson is typically the only juror who speaks in court and with the judge.
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When does the judge decide the verdict? Only in a bench trial. You might pick a bench trial over a jury for complex cases that hinge more on legal technicalities than emotional appeal.
Jury Trial Process
Are all lawsuits heard before a jury? No, most cases never make it to trial. Most defendants plead guilty to lesser crimes or settlement amounts to avoid trial.
Percentage of Criminal Cases That Go to TrialCriminal Case | Total Cases | Charges Dismissed | Plea Bargain | Go to Trial |
---|---|---|---|---|
All Offenses | 38,452 | 11% | 86% | <1% |
Drug Offenses | 22,234 | 10% | 89% | 2% |
Property Offenses | 8,226 | 11% | 86% | 3% |
Sex Offenses | 3,379 | 5% | 90% | 5% |
Traffic Offenses | 1,800 | 30% | 69% | <1% |
Violent Offenses | 2,813 | 13% | 80% | 6% |
The U.S. Courts report that less than 1% of criminal cases go to trial, and less than 2% of civil lawsuits ever see a courtroom. Only a fraction of charges are dismissed, many of them minor traffic offenses, and even fewer go to trial.
If a trial does happen, both sides start with opening statements, followed by witnesses, evidence, and cross-examinations. The case ends with closing arguments, and the jury deliberates before announcing the verdict. Scroll down for jury deliberation examples and case studies.
Jury Instructions
How does a jury decide a case? At the end of the presentation of evidence at every jury trial, the judge provides the jury with a set of instructions called the “charge of the court.” The charge guides the jury deliberation process with:
- Legal instructions for the case
- Statement of laws that apply to the case
- Case questions to answer based on the presented evidence
The back page of the charge usually contains a verdict form. The foreperson records the jury’s decision on this form, which must be filled out and signed as instructed.
Both the defense and prosecution can see and object to the judge’s charge before it is read, but jury members are bound to it once the court gives instructions. Learn more about what happens at state felony trials.
Jury Deliberation
How do jurors reach a verdict of guilty or not guilty? They deliberate privately to discuss the evidence and witness testimony from the trial. This is typically what happens:
- Choose a Foreman: Who is the foreman in a jury? Some states and local districts appoint Juror #1 as the Foreman of Jury, but most juries vote on who will lead deliberations and speak in court.
- Review the Case: Juries can request to re-examine specific evidence or clarifications from the judge as they review the evidence, testimony, and arguments presented during the trial.
- Apply the Law: They openly debate the facts, weigh credibility, and address doubts or questions within the charges given by the judge, which outline the legal standards jurors must use to evaluate the case.
- Vote: Jurors take one or more votes to see if they can reach a unanimous decision (required in most criminal cases). They’ve reached a verdict if they all agree on guilt or innocence.
- Verdict: The verdict quotes the jury’s unanimous decision of guilty or not guilty (or their ruling in civil cases) and will be read aloud in court.
What does jury deliberation mean? Jurors are forbidden from talking to anyone about the case except each other, and they can be sequestered from the public for sensational or complex cases. Read more about the ins and outs of criminal law.
Does the jury foreman read the verdict? Yes, but jury deliberation can take anywhere from a few hours to a few weeks or months. In some cases, the jury won’t reach a unanimous decision. This is known as a hung jury, often resulting in a mistrial.
Jury Foreman Role
What is a jury foreman? The foreman is the leader and spokesperson for the trial jury. They keep the group on track, helping fellow jurors follow the judge’s instructions and apply the law to the evidence.
What does the foreman do in a jury? Their main job is to guide discussions during deliberations, ensuring all jurors have a chance to speak and that the process stays organized and focused.
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What does a jury foreman say? The jury foreman is only allowed to speak on facts related to the case. They may speak with the bailiffs or judge for clarification on behalf of the jury, but they should only answer the questions asked by the judge or court clerk.
Learn More: Is it worth hiring a lawyer for a misdemeanor?
The Verdict
Who reads the jury verdict? The foreman in a jury typically reads the verdict, but the judge will see the jury’s verdict before it’s read aloud to ensure there are no errors or appellate issues.
If found not guilty, defendants are typically allowed to go home following any discharge requirements. The guilty verdict meaning usually leads to sentencing.
ELI5: Other than the jurors, who else in the courtroom knows the jury’s verdict prior to it’s being read out loud, on record?
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Jury nullification occurs when a jury rules a defendant not guilty when their actions aren’t considered immoral or blameworthy. The most common examples are doctors or spouses charged with assisted suicide. A judge will not automatically dismiss charges after nullification, but they may ask to speak to jurors before announcing the verdict.
Case Studies: Why The Judge Reads The Verdict First
Why does the judge see the jury’s verdict before it’s read aloud? These case studies explain why the judge reads the verdict and how it protects the integrity of the U.S. judicial system.
Case Study 1: Ensuring Legal Compliance
In a criminal trial, the jury has the power to determine the defendant’s guilt or innocence and, if found guilty, the appropriate sentence. Their decision must adhere to the instructions provided by the judge. Before the jury foreman reads the verdict aloud, the judge reviews the verdict form to ensure its validity.
If the judge identifies any errors or discrepancies, they can address them with the jury to prevent an invalid judgment. By conducting this review, the judge safeguards against potential appellate issues and ensures that the defendant’s rights are protected.
Learn More: Can an appeal be dismissed?
Case Study 2: Preventing Misunderstandings
Jury instructions can be complex, and jurors may interpret them differently or desire additional options not explicitly provided. In a civil trial, the jury is responsible for determining liability and damages. If the jury’s verdict includes elements or decisions beyond what the instructions allow, it could result in an improper judgment.
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If there is an error, the judge has the opportunity to address the issues with the jury and guide them through the steps in a criminal proceeding.
Case Study 3: Upholding Judicial Integrity
The judge’s review of the verdict before it is announced also serves to maintain the integrity and authority of the judicial system. By carefully scrutinizing the verdict form, the judge affirms that the process has been followed correctly and that the jury’s decision is within the boundaries of the law.
This step reinforces the public’s confidence in the fairness and impartiality of the judicial system. Additionally, it allows the judge to identify any procedural errors or irregularities that may have occurred during the trial, ensuring a just outcome.
Read More: What is a no-contest plea bargain?
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Who Reads the Verdict at Jury Trials
The judge sees the jury’s verdict before it’s read aloud to ensure legal compliance and safeguard against jeopardy attaching and unnecessary appeals. Jurors can be confused by local laws or sentencing guidelines, and judges will proofread their verdict to ensure it’s legal.
What is a foreman in a jury, and why are they important? They are the lead juror in charge of organizing jury deliberations and reading the verdict aloud in court.
Who is the verdict good for? Courtroom verdicts are good for the prosecution and the defense as the verdict either finalizes the case or provides the next best steps for appeal. However, most cases never make it to trial because defendants enter plea bargains to avoid a courtroom.
If you’re facing trial and unsure what a verdict means for your future, enter your ZIP code to speak to a local attorney for free.
Frequently Asked Questions
Who reads the verdict in a jury trial?
The judge reads the verdict in bench trials, but the jury foreman typically reads the verdict in criminal and civil jury trials. Learn more about the difference between a civil offense and a crime.
Why does the judge see the verdict first?
The judge reads the verdict first to prevent any legal errors or misunderstandings that could lead to an invalid judgment.
Does the court clerk read the verdict?
Yes, the court clerk can read the verdict aloud in court.
Does the foreman read the verdict?
Yes, part of the role of the jury foreman is to read the verdict aloud in court.
What does the foreman of the grand jury do?
What does a foreman do in court for the grand jury? The key differences between federal vs. state criminal procedure require more from the foreperson of a grand jury. Many tasks, such as leading deliberations and speaking in court, are the same. But the grand jury foreman also swears in witnesses, signs indictments, and issues subpoenas.
What is the role of a jury foreman?
What does a jury foreman do? The foreperson guides deliberations to keep discussions on track, completes the verdict form, and delivers the verdict in court.
How does a jury pick a foreman?
Some districts appoint the first juror as the foreperson, but most juries put it to a vote.
How does a judge announce a verdict?
The judge will ask if the jury has reached a verdict, which the foreperson confirms or denies. The verdict is given to the bailiff, who hands it to the judge for proofreading. Once confirmed, the judge will ask the foreman of the court to state the verdict.
Does the judge choose the sentence?
Judges can sentence convicted defendants or provide the jury with guidelines for sentencing. (Read More: Assault And Battery: Penalties and Sentencing Laws)
Can a judge ignore a jury verdict?
Yes, the judge can set aside the jury’s verdict, but which motion asks the court to reverse the jury’s verdict? A judgment notwithstanding the verdict (JNOV).
Can a judge dismiss a case after a jury verdict?
Yes, but only if the judge finds significant legal and judicial errors in the jury’s final decision.
How often does a judge overturn a jury verdict?
Jury verdicts are rarely overturned. Only a quarter of criminal and civil case verdicts are overturned by a judge or appellate court.
What happens if a juror talks about the case?
Jurors can be removed from the trial and replaced by alternates if they are caught discussing the case. Depending on the case and the information discussed, they could also face legal consequences for criminal contempt.
What are two things jurors should never do?
Jurors can never talk about the case outside of the deliberation room, and they are forbidden from investigating or researching the case on their own outside of the trial. Enter your ZIP code to speak to an attorney if you’re unsure of your role as a juror.
Find the right lawyer for your legal issue.
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Shaheen F. Manshoory
Criminal Defense Lawyer
Shaheen F. Manshoory is a trial attorney specializing in criminal defense law, specifically litigation of complex criminal matters in state, federal, and juvenile courts, including the defense of professionals, corporations, and high-profile matters. Mr. Manshoory focused on integrating substantive knowledge and professional skills instruction. He excels in case planning and negotiations. Man...
Criminal Defense Lawyer
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.