In a jury trial, why does the judge need to see the verdict before the jury foreman reads it aloud?

UPDATED: Jul 14, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 14, 2023

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UPDATED: Jul 14, 2023Fact Checked

At the end of the presentation of evidence at every jury trial, the jury is provided with a set of instructions called the “charge of the court.” The back page of the charge usually contains a verdict form. The verdict form is where the foreperson of the jury records the jury’s decision. The jury is required to limit their answers to the instructions given by the court. Unfortunately, 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. A jury would be instructed to sentence a defendant found guilty of intoxication assault anywhere from two to ten years. Many advocacy groups are frustrated that this crime is only a third degree felony with a maximum punishment of ten years. If several members of a jury feel the same way, they may try to sentence a defendant in excess of ten years, thereby ignoring the court’s instruction. If the jury verdict sentenced the defendant to twenty years in prison, the sentence would be considered an illegal sentence because it was outside the range of punishment.

The court can only receive a valid judgment. An invalid judgment can result in jeopardy attaching—which means a defendant could end up avoiding criminal responsibility for their actions. Because of the possibility of misunderstandings, the court will proofread the verdict before the jury foreman reads it aloud to prevent any appellate issues with the judgment or sentence rendered by the jury. The verdict sheet must be filled out as instructed and signed by the foreman. If the court notices any defects in 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 on the errors noticed by the judge.

Case Studies: The Judge’s Role in Reviewing the Verdict in a Jury Trial

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. However, their decision must adhere to the instructions provided by the judge. In this case, the jury delivers a verdict that exceeds the allowable sentencing range instructed by the court. 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.

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. However, if the jury’s verdict includes elements or decisions beyond what the instructions allow, it could result in an improper judgment.

By reviewing the verdict form before it is read aloud, the judge can identify any misunderstandings or deviations from the instructions. This gives the judge an opportunity to address the issues with the jury and guide them towards a legally sound verdict.

Ultimately, this process ensures that the jury’s decision aligns with the parameters set by the court.

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.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance 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.

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