How Criminal Jury Trials and Bench Trials Work in Utah
How Criminal Jury Trials and Bench Trials Work in Utah
By Jake Gunter, Utah Criminal Defense Trial Lawyer
If you have been charged with a crime in Utah, you may be wondering what happens if your case goes to trial. Will a jury decide your case? Will you have to testify? What happens when the prosecutor calls witnesses? And what is the difference between a jury trial and a bench trial?
Most people facing criminal charges have never participated in a trial. They have watched trials on television, seen courtroom scenes in movies, or read about famous criminal prosecutions. But an actual criminal trial in Utah is quite different from what most people expect.
I have spent more than two decades trying cases in Michigan, military courts, and Utah courtrooms. I have represented defendants facing everything from relatively minor misdemeanors to serious first-degree felonies. My experience also includes civil jury trials involving injured people and military courts-martial, including sexual assault prosecutions under Article 120 of the Uniform Code of Military Justice.
Although the rules differ between these courts, the basic process remains remarkably similar. Lawyers present witnesses, introduce evidence, challenge testimony, and ask a judge or jury to decide disputed facts.
In this article, I will explain how criminal trials work in Utah, including jury selection, opening statements, witness testimony, evidence, defense strategy, closing arguments, and the final verdict.
What Happens During a Criminal Trial in Utah?
A criminal trial generally follows a predictable sequence.
- Jury selection: If the case is being tried before a jury, prospective jurors are questioned and selected.
- Opening statements: The attorneys explain what they expect the evidence to show.
- Prosecution’s case: The State presents witnesses and evidence to establish the alleged crime.
- Cross-examination: Defense counsel questions the prosecution’s witnesses.
- Defense case: The accused may present witnesses or other evidence but is not required to do so.
- Closing arguments: The attorneys explain what they believe the evidence establishes.
- Jury instructions and deliberations: The judge explains the law, and the jury considers the evidence.
- Verdict: The jury, or the judge in a bench trial, determines whether the prosecution has proven guilt beyond a reasonable doubt.
A motion challenging the legal sufficiency of the prosecution’s evidence may also be considered before the case reaches a verdict.
The precise order of certain proceedings can vary, but this overview provides a useful starting point for understanding the Utah criminal trial process.
1. What Is the Difference Between a Jury Trial and a Bench Trial in Utah?
Before discussing the stages of a criminal trial, it is important to understand the difference between a jury trial and a bench trial.
Criminal Jury Trials in Utah
In a jury trial, a group of citizens listens to the evidence and determines whether the prosecution has proven the defendant guilty beyond a reasonable doubt.
The judge oversees the proceeding, rules on legal questions, and instructs the jurors on the law. The jury decides the disputed facts and returns a verdict.
Under Rule 17 of the Utah Rules of Criminal Procedure, felony cases are tried before a jury unless the defendant waives that right in open court with the court’s approval and the prosecution’s consent.
In other criminal cases, the requirements for requesting a jury differ. Infractions are not tried before juries.
Criminal Bench Trials in Utah
In a bench trial, there is no jury. Instead, the judge determines the facts, evaluates the evidence, applies the law, and decides whether the accused is guilty.
For a criminal defendant, the practical distinction can be significant.
Presenting a case to six or eight jurors can be quite different from presenting the same evidence to a judge who has heard thousands of cases.
The evidence, witness testimony, and applicable legal standards remain important in both proceedings. The primary difference is who decides the facts.
2. Jury Selection: How Are Jurors Chosen in Utah?
When a criminal case is scheduled for a jury trial, the court must select the citizens who will hear the evidence.
This process is called voir dire, commonly referred to as jury selection.
Prospective jurors may be questioned about their backgrounds, experiences, and possible biases. The purpose is to identify people who can evaluate the case fairly and follow the law.
The attorneys may challenge prospective jurors for cause when a legally recognized reason exists to question their ability to serve impartially. They may also exercise a limited number of peremptory challenges, subject to constitutional and procedural restrictions.
Jury selection matters because jurors enter the courtroom with different experien
