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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.
Wiki User
∙ 7y ago
Wiki User
∙ 9y agoThey have guidelines to follow with a maximum punishment for the particular crime stated
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When is punishment imposed during a court-martial?
A defendant is punished after the jury has listened to the evidence during a trial, and decides whether or not the defendant is guilty.Added: After the jury delivers its decision the defendant will be sentenced by the judge according to the applicable law - then - the defendant's "punishment" will commence.
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.
How much influence does the jury have on the sentencing of the defendant?
In the U.S., the only time a jury has any influence on sentencing is in a death penalty case. In that situation, the jury must decide unanimously that the defendant is eligible for capital punishment. However, in nations that use an inquisitorial criminal justice system, the jury plays a significant role in determining a defendant's sentence. Many European nations use an inquisitorial system.Additional information: In reference to civil cases - if by the use of the word "defendant" you mean to also include the "respondant/defendant" in a civil action; juries will, on occasion, determine during their deliberations, the percentage of compensation to be awarded to the injured party(s).
Should juries deliberate?
Deliberated means to consider carefully. A jury is chosen from a pool of the defendant's peers. Upon hearing all aspects of a court case, the jury must deliberate, and jointly decide on the charges against the defendant.
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.
Can the jury decide what the evidence is in a case?
That depends on what "decide what the evidence is" means. The jury does not decide what evidence is admissible in the court; that is up to the judge, and is one of the judge's primary responsibilities. If the attorney for one side or the other thinks evidence should not be admitted, they can make a motion to suppress or exclude it on various grounds, or object during the trial. If the judge decides that the jury should not consider a certain piece of evidence that was introduced, he or she can instruct the jury to disregard it. The jury's only role is to decide whether the defendant is guilty or not (or to find for the plaintiff or the defendant in a civil case).
What is the court procedure for determining capital punishment?
Once a case of serious murder is done the jury decide on the verdict and the judge passes the capital punishment.
Does the defendant stay in jail after a mistrial or hung jury?
Maybe. If there is a hung jury, the prosecution must decide whether or not to have another trial. If they decline to re-try the case, the defendant would be released. If they decide to have another trial, the defendant would remain in custody to await the new trial, if he/she was in custody for the first trial. Often, after a mistrial, the defense will make a motion or renew a motion for bond or for reduction of bond.
What advantages does the prosecutor of a case gain if the accused agrees to plead guilty?
The advantage is that there is no risk that a jury would find the defendant not guilty. Even if the defendant makes a plea bargain and pleads guilty to a lesser offense, at least the defendant will not get avoid any punishment.
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 jury supposed to do?
A trial jury hears the evidence in a trial and deliberates to consider a verdict. A grand jury determines whether there is enough evidence for a criminal trial to proceed.
What jury mean?
a group of people to adjudge prizes , awards , etc., as in a competition.
