Petit jury
A petit jury in a criminal trial decides whether or not a defendant is guilty beyond a reasonable doubt. The other type of jury, the Grand Jury, decides whether or not there is sufficient evidence to bring charges against a defendant prior to the trial. It does not decide whether or not the defendant is guilty. Therefore the Grand Jury is not bound by the standard of beyond a reasonable doubt.
Since no jury is present during a bench trial, it is solely the judge who decides guilty or not guilty.
A judge typically decides which cases should proceed to trial based on the evidence presented by the prosecuting attorney during a preliminary hearing. However, in some jurisdictions, a grand jury may also determine whether there is enough evidence to proceed to trial.
They listen to the evidence given by both the prosecution and the defensive side, and then vote for if the witness is guilty or not They listen to the defensive side and the prosecution side. They listen to evidence and make a decision. They elect one person to speak for the whole jury, called the foreman.
The Senate acts as the jury; they hold the trial and vote on guilt. The House of Representatives votes to impeach and the Senate decides whether they are guilty.
A jury trial decides guilt or lack thereof. A judgment of not guilty means the state has not proved its case.
If the jury cannot decide whether the accused is guilty or not, the case can be repeated but with a different selection of jurors.
If the jury cannot decide whether the accused is guilty or not, the case can be repeated but with a different selection of jurors.
A fair trial in court. Innocent until proven guilty.
Yes. The United States Supreme Court case of Gregg v. Georgia in 1976 ruled that the death penalty is not cruel and unusual and creates a bifurcated death penalty trial system. The first trial is set up to find out if the defendant is guilty or innocent. In the second trial if found guilty the jury decides whether or not the defendant deserves the death penalty or not.
pre-trial diversion
No, an accused person was not considered guilty until the outcome of his trial or hearing. Then he was either guilty or innocent. The only time he could be guilty without a trial was when he was caught redhanded doing a misdeed and there were witnesses to it. This was generally in the nature of petty crime, or street crime. Even in the case of major crimes, such as treason, which would be tried before the senate, a person was free and told when to report to the senate for trial. A person assumed guilty would not be awarded this freedom.