Introduction
In Texas, the trial is composed of two stages. The first stage is known as guilt-innocence because it is when the jury decides whether the accused committed the crime. If the jury finds the accused guilty of the crime, the second stage of the trial occurs. The second stage is known as the punishment phase. During the punishment phase, the defendant can choose to have either the judge or the jury decide the punishment.
A criminal defendant has the right to a jury trial unless the defendant waives that right and wants to be tried in front of a judge. (One exception—a capital murder trial must be tried to a jury). For felonies, the jury is composed of twelve people. For misdemeanors, the jury is made up of six people. A jury verdict must be unanimous. If the jury cannot agree on a verdict, the judge can declare a mistrial and the accused may be tried again.