How Jury Deliberations Work

From: ABA

After receiving the instructions and hearing the final arguments, the jury retires to the jury room to begin deliberating. In most states the first order of business is to elect one of the jurors as the foreperson or presiding juror. This person’s role is to preside over discussions and votes of the jurors, and often to deliver the verdict. The bailiff’s job is to ensure that no one communicates with the jury during deliberations.

In some states, the jury may take the exhibits introduced into the record and the judge’s instructions to the jury room. Sometimes the jury will have a question about the evidence or the judge’s instructions. If this happens, the jury will give a note to the bailiff to take to the judge. The judge may respond to the note, or may call the jury back into the courtroom for further instructions or to have portions of the transcript read to them. Of course, any communication between the judge and jury should be in the presence of lawyers for each side or with their knowledge.

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