Behind Closed Doors: What Really Happens During Jury Deliberation
By Trinity Barnette
The courtroom goes silent. The final witnesses have spoken. Closing arguments are done. Now, the fate of the accused rests in the hands of twelve strangers. This is the start of jury deliberation—the private, pressure-filled process where jurors weigh every piece of testimony, every shred of evidence, and ultimately decide: guilty or not guilty? But what actually happens once the jury disappears behind that closed door? In this blog, we’re breaking down the legal rules, responsibilities, and real-life stakes of the deliberation phase of a criminal trial—where justice hangs in the balance and every vote counts.
What Is Jury Deliberation?
Jury deliberation is the private, confidential process where jurors discuss the facts of a case and attempt to reach a verdict. This stage begins after closing arguments are made, the judge gives the jury its instructions, and the jurors are dismissed to the deliberation room. It’s one of the most important phases of a criminal trial—because this is where justice is decided.
In criminal cases, the goal is usually a unanimous verdict. That means every single juror must agree on whether the defendant is guilty or not guilty for each charge. Civil trials may allow for less-than-unanimous decisions depending on the state, but in all federal criminal cases, unanimity is required.
Once the jury enters deliberation, no one—not the judge, not the attorneys, not the public—is allowed to influence them. The bailiff ensures this isolation is protected. The jury works independently, weighing the credibility of witnesses, reviewing exhibits, and relying on their collective understanding of the law and the judge’s instructions.
This isn’t just about gut instinct—it’s about reasoned debate, ethical responsibility, and, in many cases, the future of someone’s freedom.
The Process Step-by-Step
Jury deliberation isn’t just a free-for-all discussion. It follows a clear structure designed to guide jurors toward a fair and lawful verdict. Here’s how it typically unfolds:
Selecting the Foreperson
The first thing jurors do is choose a foreperson (also called a presiding juror). This person leads the discussion, keeps things organized, and eventually communicates the final verdict to the court. Their role isn’t to dominate the room—but to ensure every voice is heard and the conversation stays on track.
Reviewing the Evidence
Jurors review the exhibits admitted during the trial—documents, videos, physical evidence, and more. In some states, they may even have access to court transcripts or a list of possible verdicts provided by the judge.
Discussing the Case
Next comes open conversation. Jurors are expected to share their thoughts, opinions, and doubts about the case. They can reference testimony, challenge each other’s reasoning, and bring up inconsistencies they noticed. The key is respectful, focused debate—not personal attacks or speculation beyond what was presented in court.
Asking the Judge Questions
If the jury gets confused or needs clarification—about a piece of evidence or a legal definition—they can send a written question to the judge through the bailiff. In response, the judge might provide an answer in writing, bring the jury back into the courtroom for further instructions, or have a portion of the transcript read aloud.
Voting on the Verdict
Jurors then vote—usually in secret—on each individual charge. This isn’t just a single yes-or-no moment; the jury may need multiple rounds of discussion and voting before reaching agreement.
Reaching a Verdict
If they agree unanimously (in criminal cases), they notify the bailiff, return to the courtroom, and the foreperson announces the decision. If they can’t agree, and enough time has passed, the judge may declare a hung jury, leading to a mistrial (you’ve already covered this in your previous blog).
Sequestration (If Necessary)
In high-profile trials, jurors may be sequestered—meaning they’re housed in hotels and kept away from media, phones, or outside influence until they’ve reached a decision. But in most cases, they’re allowed to go home each night with strict instructions not to read or discuss the case.
Why Deliberation Matters So Much
Jury deliberation is more than just the final phase of a trial—it’s the moment where justice is actually decided. Everything that happens in the courtroom builds up to this private, behind-the-scenes process. And it’s not just procedural—it’s powerful.
The weight of freedom—or incarceration.
In criminal cases, someone’s future is literally on the line. Jurors aren’t just giving opinions—they’re making a legal judgment that can send a person to prison, clear their name, or in rare cases, even lead to life-altering consequences. That level of responsibility is why the process must be unanimous in criminal trials: every juror must be sure.
It reflects the values of our legal system.
Deliberation isn’t just about facts—it’s about fairness. It forces jurors to slow down, challenge assumptions, listen actively, and take into account the full picture before deciding. The process honors the principle of “beyond a reasonable doubt” and protects against impulsive or biased decisions.
It protects both sides.
Whether someone is accused of a crime or seeking justice as a victim, jury deliberation offers a safeguard. The discussion ensures the verdict is based on the evidence—not emotions, outside pressure, or media narratives. And if jurors can’t agree, the justice system provides a path forward through a mistrial or retrial.
It’s one of the last real democratic tools we have.
A jury is made up of everyday citizens—people from different backgrounds, experiences, and perspectives. Deliberation is their opportunity to collaborate, reason through difficult issues, and hold power within the justice system. It’s not perfect, but when taken seriously, it’s one of the most important checks we have against institutional overreach or wrongful conviction.
