“Jury Trial” in a Las Vegas Criminal Case – How It Works

A criminal jury trial is where a group of six to 12 local citizens unanimously determine based on the evidence presented whether the defendant is guilty. In Nevada, you are entitled to a jury trial only if:

1. you are facing more than six months imprisonment (which includes all felonies, gross misdemeanors, and cases with two or more misdemeanors), or
2. you are charged with battery domestic violence.

. Juries may be used to determine not only your guilt or innocence but also, in some cases, your final sentence.

The following flowchart summarizes the jury trial process in Nevada;

Scroll down further to learn about the right to a jury trial and how juries operate.

1. What if I cannot have a jury trial?

If you are not facing battery domestic violence charges or more than six months in jail, you are only entitled only to a bench trial. This is where your case is heard and decided by a judge rather than a jury.

Even if you are entitled to a jury trial, you can still choose to have a bench trial instead. However, bench trials are usually more difficult to win than jury trials: Judges tend to be less sympathetic than a jury of your peers.¹

Whether you are entitled to a jury trial or just a bench trial, you have a right to a trial within 60 days of your arraignment (with some exceptions). This is called the “speedy trial” rule.

2. How big are juries?

Nevada juries must consist of 12 jurors, though you and the prosecution can agree to a jury as small as six. It does not matter whether the trial is in Justice Court or District Court.²

3. Do verdicts have to be unanimous?

Yes. A Nevada jury has to unanimously decide whether to find you “guilty” or “not guilty.”³ Otherwise, it is a “hung jury,” and the judge declares a mistrial.

In cases of a mistrial, the prosecution may choose either to:

1. start all over and prosecute your case again, or
2. offer you a plea bargain to a lesser charge, or
3. drop your case completely.

4. How are jurors selected?

Prospective jurors in Nevada are initially summoned at random through

• drivers’ license lists and
• voter registration lists.

People are typically summoned for jury duty no more frequently than ever 18 months.

Then, once the jury pool (called a “venire”) comes to court, both the prosecution and your defense lawyers question them – called “voir dire” – about their suitability to serve on a jury.

Voir Dire

Typical questions asked of jurors during voir dire include:

• “Do you know or have dealings with any of the attorneys, plaintiffs, defendants, or prospective witnesses in this case?”
• “Do you already know anything about this case?”
• “Do you have philosophical, religious or other beliefs that would prevent you from making a fair and impartial judgment?”

Prospective jurors are also asked to provide information such as their

• education,
• occupation,
• job history, and
• any prior involvement in lawsuits.

Both the prosecution and your defense team then get to “excuse” a certain number of the potential jurors.

5. Can verdicts be overturned?

A judge may never throw out a jury’s “not guilty” verdict. However, a judge may overturn a jury’s “guilty” verdict if the judge believes the evidence did not support a finding of guilt.

6. How can attorneys discharge jurors?

There are two ways an attorney may discharge a juror from a jury in Nevada:

1. For cause challenges, and
2. Peremptory challenges.

For Cause Challenges

Like it sounds, “for cause challenges” are when a juror is discharged for a specific reason that could preclude their ability to carry out their duties. The attorney seeking the discharge has to state the reason, such as:

• the juror admits to a bias against you,
• the juror is ill,
• the juror is inattentive or fell asleep during the trial,
• the jury displayed a heightened emotional reaction to evidence, or
• the juror engaged in misconduct.

There is no limit to how many “for cause challenges” may occur during a trial.

Peremptory Challenges

A peremptory challenge allows an attorney to discharge a juror without stating the reason.

You and the prosecution are each entitled to four peremptory challenges per trial occurring in alternating order. However, if you are facing life in prison or death, the limit is upped to eight peremptory challenges each.⁴

Note that attorneys are not allowed to discharge jurors just because they are a certain

• race,
• gender,
• sexual orientation, or
• part of another “cognizable group.”

If the opposing side suspects the attorney may have broken this rule, they may raise a “Batson challenge” arguing that the trial is invalid.⁵

7. Can juries have alternates?

Yes, a Nevada jury may include up to six alternate jurors to take the place of any impaneled jurors who are discharged from the case. Alternate jurors hear all the evidence that the impaneled jurors do and are ready to step in if one of them gets dismissed.

Note that attorneys for each side are allowed more peremptory challenges when alternate jurors become impaneled:

• If one or two alternate jurors are impaneled, each side is allowed one extra peremptory challenge that may be used only toward a new juror.
• If three or four alternate jurors are impaneled, each side is allowed two extra peremptory challenges that may be used only toward the new jurors.
• If five or six alternate jurors are impaneled, each side is allowed three extra peremptory challenges that may be used only toward the new jurors.⁶

Note that any unused peremptory challenges from the original jury may not be used towards alternate jurors who then become impaneled.

8. What is a jury trial like?

Jury trials are actually very rare. The majority of criminal cases are resolved without the parties going to trial at all.

If your case does not get dismissed and the prosecution and you cannot agree to a plea bargain, you ask the judge to set a trial date. This is often several months after the case started.

The stages of a jury trial in Nevada are:

1. jury selection (voir dire)
2. opening statements
3. presentation of evidence — called the “case in chief” — including examination and cross-examination of witnesses (who may have been compelled to appear through subpoenas)
4. closing arguments
5. jury deliberations
6. verdict
7. if the verdict is guilty, then sentencing

9. What happens during deliberations?

After the prosecution and your defense team present closing arguments, the case officially “goes to the jury.” The judge then reads aloud the “jury instructions,” which informs them about the elements of the relevant crimes.

Back in the jury room, the jurors choose a “foreperson” to lead the deliberations. Deliberations happen behind closed doors, but the jury may ask the judge

• for clarifications,
• to rehear testimony,
• to view the crime scene, etc.

These requests must be made with the attorneys present, and jurors may not consider any evidence outside of the court record.

During the trial, jurors may not speak to anyone about the case. During deliberation, jurors may speak only to each other about the case in the jury room. In rare instances juries are sequestered from the general public throughout the trial and deliberations.

10. How is a grand jury different?

The purpose of a trial jury (also called a “petit jury”) is to listen to the trial and render a verdict of guilty or not guilty. In contrast, a grand jury comes in at the very start of a case to decide whether to bring criminal charges against a suspect to begin with.

A grand jury comprises 17 jurors and 12 alternate jurors, and only 12 members need to vote yes to indict someone.⁷

Additional Resources

For more information, refer to the following:

• How Courts Work – American Bar Association (ABA) guide explaining the jury selection process.
• Clark County Courts – Details on jury service in Clark County, Nevada specifically.
• Washoe County Juror Info – Guide to jury duty in Washoe County, Nevada.
• Nevada Judiciary – Overview of Nevada state courts and juries as well as Supreme Court rules.
• Failure to appear for jury duty (NRS 6.040) – Article by our Las Vegas criminal defense attorneys.

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Legal References