Has been charged with a crime in a criminal case or is the person being sued in a civil case.
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.
It describes the attempt by the defendant (or persons associated with the defendant) to influence the jury sitting on the defendant's trial.
The 7th Amendment to the U.S. Constitution gives U.S. citizens the right to a trial by a jury of their peers. Jury service is supposed to provide a person being tried with a jury of their peers.
No. A jury is not required for all criminal cases. A defendant can plead guilty or no contest and simply appear before a judge. A defendant can also wave his right to a jury trial and have the trial in front of a judge. A defendant simply has the right to a jury trial in most criminal cases in The United States. There may be a few misdemeanor cases where the penalty is small fine where he is not entitled to a jury trial.
In most cases, you have the right to a trial by jury, but this is not a requirement. In a criminal case, if the defendant opts to have a bench trial, there will be no jury. In a civil case, if neither party requests a jury, it will be a bench trial.
The defendant can request a trial held only in front of a judge (bench trial) or trial held in front of a jury (jury trial). In some cases (capital crimes) the option is not offered and a trial by jury is mandatory.
the role of the jury is to deiced if guilty or not guilty.
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.
The defendant - is the person accused of a crime in a trial.
No. It means that the Grand Jury has found probable cause to believe that the person they are charging has committed the crime. A trial in a court of law will decide the defendant's guilt or innocence.
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.
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.