The judge can never impose a sentence greater than recommended by the jury. Only a defendant can request a jury trial. The defendant is presumed innocent and cannot be found guilty of a crime until all members of a jury unanimously find the defendant guilty beyond a reasonable doubt. In a criminal case the defendant has absolutely no burden of proof. It lies with the State to meet its required burden.
Criminal prosecution requires a substantially higher burden of proof than a civil dispute.
In a civil trial the winning party merely has to prove to a majority of the jurors that it is more likely than not that an event has occurred. The reason for this distinction between civil and criminal proceedings is because in a civil action the Court or the jury will award a money judgment, but in a criminal proceedings the defendant loses his or her freedom. The prosecuting attorney will again issue subpoenas instructing witnesses to come to court on the day of the scheduled jury trial. As indicated above, the length of a jury trial can vary considerably depending upon the nature of the charges, the number of witnesses and numerous other factors. The first step in a criminal jury trial is the selection of twelve jurors, which is called Voir Dire.