When the FBI Comes Calling…®
THE FEDERAL CRIMINAL TRIAL (Continued)
Jury Instructions
At the end of the presentation of the evidence, or at any earlier time that the court reasonably sets, any party can request in writing that the court instruct the jury on the law. FRCrP 30(a). Either party can object to the form of the jury instructions, but it must give specific reasons for the objection; perhaps the instruction provided by the government leaves off a key element that must be, and hasn't been, proved for conviction. Id. 30(d). Whatever the case, the objection must be preserved for the purposes of appeal.
Closing Arguments
After the jury instructions are submitted, it is time for closing arguments. The government goes first, followed by the defense, followed by the government's rebuttal. Id. 29.1. This is the last chance before the jury goes into deliberations for either side to score some last minute points. Typically, it will rehash the opening statement, reminding the jurors that everything that was promised in the opening statement has been shown, whether it is the government claiming that it showed evidence of guilt beyond a reasonable doubt, or whether it is the defense saying that the government failed to meet its burden.
Jury Verdict
After the closing argument, it is time for the jury to deliberate on whether the defendant is guilty or not guilty. The verdict must be returned to the judge in open court, and it must be unanimous. FRCrP 31(a). If there are multiple defendants, the jury may return its verdict at any time during its deliberations as to any defendant about whom it has agreed. Id. 31(b)(1). If there are multiple counts, but the jury cannot agree on all counts, it can still return a verdict on the counts on which it has agreed. Id. 31(b)(2). If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts; the government can retry that defendant on those counts. Id 31(b)(3).
If the defendant is acquitted, he is free to go. If he is convicted, he will want to file a motion for a new trial, and then it is on to sentencing. After the defendant is sentenced, he will likely file an appeal.