Who are the jurors and how are they selected?

They are citizens randomly selected from the electoral roll. They are chosen at a hearing known as Voir Dire, at which challenges are litigated to ensure impartiality. This is not a matter of chance: it is worked with method and strategy.

JURY TRIAL · PROVINCE OF BUENOS AIRES · LAW 14,543

Jury Trial Defence — Province of Buenos Aires: Specialist Representation When Your Case Is Already Heading to Trial

Q: How many votes are needed to convict?

As a general rule, 10 out of 12 votes are required for a conviction. With fewer than 7 votes for conviction, a not guilty verdict is entered. Between 7 and 9 votes, the jury is asked to deliberate again up to three times; a hung jury may then be declared and a retrial ordered.

Q: What are jury instructions?

Jury instructions are the judge's explanation of the law to the jury before they deliberate. This is a critical moment: the defence must litigate to ensure the instructions are clear — covering reasonable doubt, available defences and how to weigh evidence and witness testimony — and to prevent any ambiguity that could favour the prosecution.

If you already have a trial date or your case is heading to court, what determines the outcome is not the theory: it is real preparation. Voir Dire, theory of the case, cross-examination, evidence management and closing arguments designed to persuade 12 citizens.

Trial date approaching and considering a change of defence counsel?

A strategic case review makes sense when: there is no clear trial plan, Voir Dire has not been worked up, witnesses and expert witnesses are not prepared, or the theory of the case does not hold together for a lay jury.

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Jury-focused credentials: specialist training and teaching in oral advocacy

In jury trials, the difference is not made by “knowing criminal law”: it is made by litigating — building a credible narrative, commanding the evidence at hearing and sustaining the theory of the case through cross-examination and jury instructions.

Specialisation in Oral Criminal Advocacy (UBA)

Specialist training in oral criminal advocacy skills: trial preparation, theory of the case, examination-in-chief, cross-examination and closing arguments.

Teaching oral advocacy techniques (undergraduate level)

Hands-on training: mock oral trials, examination strategy and hearing preparation for high evidentiary-demand scenarios.

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Consultation for cases already at trial stage

In jury trials, what is not prepared in time is usually unrecoverable. If your trial is imminent, request a strategic case review (confidential).

Initial review checklist:

Defence theory of the case (simple and credible).
Evidence map: what comes in, what gets challenged and how.
Voir Dire plan (biases, juror challenges, jury profile).
Cross-examination outline (hard facts and control of testimony).
Jury instructions strategy (reasonable doubt / defences).

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Convincing a lay jury is not the same as convincing professional judges

In the Province of Buenos Aires, under Law 14,543, cases carrying an abstract maximum penalty exceeding 15 years must go to jury, unless the defendant expressly waives that right. This directly shapes the defence strategy: a jury decides by conviction and common sense, but within determinative rules on evidence and voting majorities.

Voir Dire: jury selection can determine the outcome

A trial can tilt before a single piece of evidence is heard. At Voir Dire, biases and prejudices are identified, juror challenges are litigated and the aim is to seat the most impartial panel possible. Half the case can be won — or lost — right there.

To see how similar disputes have been resolved in jury trials, visit our Criminal Case Law Library — Jury Trials.

Voting majorities and reasonable doubt: rules that must be played

In a jury trial, the prosecution must establish guilt beyond reasonable doubt. And the voting majorities matter: it is not enough to seem guilty; the prosecution must reach the required number.

Conviction: 10 out of 12 votes are required.
Not guilty: with fewer than 7 votes for conviction, a not guilty verdict is entered.
The intermediate zone: between 7 and 9 votes, the jury deliberates again up to three times; a hung jury may be declared and a retrial ordered.
Extra protection in the most serious cases: in the gravest scenarios, the unanimity requirement becomes a key strategic battleground.

Jury instructions: the “rulebook” the jury deliberates with

Before deliberating, the judge instructs the jury on the law and how to reach their decision. That moment is litigated. At stake is the clarity of the directions on reasonable doubt, available defences (such as self-defence) and how to weigh evidence and witness testimony.

Waive the jury or not?

This is the first major strategic decision. If you waive the right, you are tried by a panel of professional judges.

Practical guide:

Lay jury: tends to work well when the defence narrative is human, credible and persuasive, or when the prosecution’s evidence is technically dense but unconvincing to common sense.

Professional judges: may be preferable when the dispute is highly technical — nullities, doctrinal arguments or complex points of law.

SELF-DEFENCE EVALUATE MY CASE

If your trial is already under way, improvising is the worst possible option

Change of counsel, second opinion or intensive preparation: what matters is arriving at trial with a theory of the case, a mapped evidence strategy, worked-up Voir Dire and a cross-examination plan.

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You can also review cases and criteria in the Jury Trials Case Law Library.

Frequently asked questions — Jury Trials (Province of Buenos Aires)

It can be worth it when there is no clear trial plan (theory of the case + evidence map + Voir Dire + cross-examination), or when preparation has arrived too late. In jury trials, the difference is made in practice: hearings, witnesses, expert witnesses, jury instructions and closing arguments. A serious review of the case file usually reveals whether there is genuine room for improvement.

In the Province of Buenos Aires, under Law 14,543, cases carrying an abstract maximum penalty exceeding 15 years — including homicide, aggravated sexual offences and aggravated robbery, among others — must be tried by jury, unless the defendant expressly waives that right.

Yes. It is a key strategic decision: it depends on the type of evidence and on whether the case works better before common sense reasoning (lay jury) or technical legal argument (professional judges).

They are citizens randomly selected from the electoral roll. They are chosen at a hearing known as Voir Dire, at which juror challenges are litigated to ensure impartiality. This is not a matter of chance: it is worked with method and strategy.

As a general rule, 10 out of 12 votes are required for a conviction. With fewer than 7 votes for conviction, a not guilty verdict is entered. Between 7 and 9 votes, the jury is asked to deliberate again up to three times; a hung jury may then be declared and a retrial ordered.

Jury instructions are the judge’s explanation of the law to the jury before they deliberate. This is a critical moment: the defence must litigate to ensure the instructions are clear — covering reasonable doubt, available defences and how to weigh evidence and witness testimony — and to prevent any ambiguity that could favour the prosecution.