The judge explains certain basic requirements of jury duty and the jurors' responsibilities. Certain panelists are excused simply by making a request, and others may be released for good reason. For example, a panelist may disagree with the applicable law in the case. Such a position may prevent him from following the law. When questioning is concluded and strikes have been applied, the first remaining panelists are then sworn in as jurors.
Misdemeanors have juries of six persons, while felonies have twelve.
When the jury has been seated, the judge may give a couple of last-minute instructions. Then, the charge is read aloud to the jury. The accused pleads not guilty. The government then must prove every element of its case beyond a reasonable doubt, the highest burden of proof in our courts. However, there is no requirement that either side give an opening statement.