The State Bar of Texas Criminal Justice Section
The Texas Criminal Justice Process - A Citizen's Guide http://texaslawhelp.org/files/685E9...F94-EC2128913600/txcriminaljusticeprocess.pdf
Trial
The Texas Constitution guarantees the accused in all criminal prosecutions the right to a trial by jury. The defendant may waive trial by jury and proceed with trial to the court (judge) with the consent of the judge and the prosecutor except a capital felony in which the state seeks the
death penalty. A criminal trial before a jury (sometimes called a “petit jury”
proceeds as follows:
(1) The jury is impaneled following voir dire examination and any challenges for cause or peremptory challenges.
(2) The information or indictment is read to the jury.
(3) The defendant enters his/her plea.
(4) Opening statements may be made by each side.
(5) The testimony on the part of the state is offered.
(6) The testimony on the part of the defense is offered.
(7) Rebutting testimony may be offered by each side.
(8) The court’s written charge setting forth the law applicable in the case is read to the jury.
(9) Attorneys for each side argue their case to the jury.
(10) The jury deliberates. If the jury unanimously finds that the state proved beyond a reasonable doubt that the defendant committed the offense charged (or a lesser included
offense), the trial proceeds to the punishment phase. If the jury unanimously agrees that the state has not proved the charge beyond a reasonable doubt, a not guilty verdict ends
the trial and discharges the defendant. If the jury is unable to agree to a unanimous verdict, a mistrial or “hung jury” occurs and the jury is discharged. The case may be retried
at a later date.
(11) The judge assesses punishment unless the defendant requests the jury to assess punishment. The jury must assess punishment if the state seeks the death penalty in a capital felony. The judge may be required to direct a supervision (probation) officer to prepare a presentence investigation report prior to sentencing. Testimony concerning the circumstances of the offense may be considered by the judge or jury in determining the punishment to be assessed. Victim impact evidence (e.g., degree of physical or emotional injury to the victim) may be admissible as a circumstance of the offense if the evidence has some bearing on the defendant’s personal responsibility and moral guilt. Evidence is also admissible concerning the defendant’s prior criminal record, his/her general reputation and character, and any other evidence of an extraneous crime or bad act shown beyond a reasonable doubt to have been committed by the defendant.
If the jury has the responsibility of assessing punishment, the judge will give additional instructions (punishment charge) following testimony on the issue of proper punishment.
If, after deliberations, the jury fails to agree to a unanimous verdict on punishment, a mistrial is declared only in the punishment phase of the trial and the jury discharged. The court shall impanel another jury as soon as practicable to determine the issue of punishment.
Prior to the imposition of sentence by the court, if the court has received a victim impact statement, it must consider the information provided in the statement. Before sentencing the defendant, the court is required to permit the defendant or his/her counsel a reasonable time to read the statement, comment on the statement, and, with the approval of the court,
introduce testimony or other information alleging a factual inaccuracy in the statement. After sentence is pronounced, the court shall allow the victim, close relative of a deceased victim, or guardian of a victim to appear in person to present to the court and to the defendant a statement of the person’s views about the offense, the defendant, and the effect of the offense on the victim.
