What does it mean by trial by jury?
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What does it mean by trial by jury?
A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Only the United States makes routine use of jury trials in a wide variety of non-criminal cases.
Does a jury trial have to be unanimous?
In the federal system, whether the trial is criminal or civil, the jury must reach a unanimous verdict. In state courts, whether a jury needs to be unanimous depends on the state and the type of trial. For civil trials, almost one-third of states only require a majority for a verdict.
When can a judge overrule a jury verdict?
The High Court found that a trial judge is able to direct a jury to return a verdict of not guilty where a verdict of guilty would be ‘unsafe or unsatisfactory. ‘ The test is that the evidence must be seen to be ‘so defective that, even taken at its highest, it could not sustain a verdict of guilty.
How long can a jury deliberate?
Jurors will go behind closed doors, where they will deliberate in secret until they reach a unanimous decision about a defendant’s guilt or innocence. This can take five minutes, five hours, five days or five weeks.
Why do juries have to be unanimous?
A unanimous jury verdict is one way to ensure that a defendant isn’t convicted unless the prosecution has proved its case beyond a reasonable doubt.
How many times can someone have a mistrial?
There is no limit. A mistrial means that there was no verdict, so until the prosecutor decides ot stop trying the case, they can continue to go to trial.
Is the defendant free in a mistrial?
(Mistrials can happen for other reasons, so when a trial ends in a mistrial, it is not necessarily due to a hung jury.) In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted.