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Can a defendant be retried if he was not present at jury selection?
Wiki User
∙ 12y ago
If you're asking - is the fact that they were not present is grounds for an appeal - they had best ask their attorney.
Generally speaking - in and of itself, it would NOT be grounds for an appeal. As long as their attorney was there to participate in Voire DIre (which I'm sure they were) their interests are considered to have been represented.
Wiki User
∙ 12y ago
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How can scout tell when a jury has found a defendant guilty?
Scout can tell when a jury has found a defendant guilty if the jury foreman announces the verdict in court in front of everyone present, including the defendant, lawyers, judge, and spectators. The judge will then typically set a date for sentencing.
When a grand jury issues a true bill to bring charges against a defendant a presentment is issued which is the same as?
The Grand Jury is of the opinion, sufficient evidence was present during the grand jury testimony to proceed with a trial of the defendant. This is known as indictment.
What is jury tampering?
It describes the attempt by the defendant (or persons associated with the defendant) to influence the jury sitting on the defendant's trial.
What type of verdict are Texas juries required to reach in criminal cases?
Texas juries are required to reach a unanimous verdict in criminal cases, meaning that all members of the jury must agree on the defendant's guilt or innocence. If the jury is unable to reach a unanimous verdict, it results in a hung jury and the case may be retried.
Who is present in the courtroom?
In a typical courtroom, you will find the judge, the prosecutor, the defense attorney, the defendant, witnesses, the jury (if it's a jury trial), court staff, and spectators.
If a defendant refuses to testify at trial what can the prosecution tell the jury?
Your question is unclear. In the USA, a defendant does NOT HAVE TO testify at his trial, ever. The defendant is the one accused of committing the crime. He does not have to say anything (OJ Simpson did NOT testify in his first trial, Scott Peterson did NOT testify at his trial.) The Prosecutor will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence shows the defendant committed the crime. The Defense Attorney will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence does NOT show the defendant committed the crime. The defendant does not have to be one of those witnesses. He cannot be forced to testify.
A defendant has the right to be judged by which of these?
In a jury trial - by a jury of his peers. If the defendant choses a Bench Trial then he will be judged by the Judge.
What is the goal of the jury selection process?
Well sure,its to make sure someone is convicted of the crime they are charged with, LMAO,no really,its to provide a fair&impartial jury,so the defendant,gets a fair trial.....
How is guilt determined in criminal trials?
Guilt is determined IF the prosecution can present evidence to convince a jury (or in the case of a non-jury trial, a judge) beyond a reasonable doubt that the defendant is guilty.
How does the jury decide what punishment the defendant gets?
The jury does not decide what punishment the defendant gets, the judge does. The only thing the jury decides is whether the defendant is guilty or not guilty of what he is accused of.
What it a double jury?
A double jury is a trail with one defendant and two juries.
What type of jury decides the fate of a defendant beyond a reasonable doubt?
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.
