The defense attorney and the prosecuting attorney call witnesses, and both attorneys can question the witnesses. They can also question the defendant, if he is willing. However, a defendant cannot be forced to testify, under the Constitution. After questioning, both attorneys make their closing arguments. The judge instructs the jury to carefully consider the evidence that has been presented during the trial before coming to a decision, and the jury then goes to a private room to decide if the defendant is guilty or not guilty. Usually, a serious felony such as murder must have evidence “beyond a reasonable doubt.” If a jury feels there is “reasonable doubt” that the defendant did not commit the crime, it must find her not guilty. If the jury cannot agree, it is called a hung jury, and the case may be tried again before another jury. When the jury makes its decision, it is called a verdict.
