It has to be a unanimous decision - or - a majority of at least 10 people agreeing to the verdict.
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Yes. A judge can direct the jury but cannot force them to a verdict. For example - the judge may say something like "..If you are satisfied the defendant acted maliciously, then you must find him guilty of murder. If not, then you must find him guilty of manslaughter..."
It will obvioulsy be the contention of the defendant that no one had any "proof" that they did it, but if they were, nonetheless, found guilty the proseuction MUST have presented enough evidence to convince the jury beyond a reasonable doubt, that the defendant committed the offense.
A judge or jury must reach the decision that the defendant is guilty beyond a REASONABLE doubt. Not beyond ALL doubt - just "reasonable" doubt.
At law, in a jury trial, the jury makes findings of factand the judge makes conclusions of law. In a bench trial, the judge makes both findings of fact and conclusions of law.To distinguish this type of jury from the grand jury, it is sometimes known as a petit jury. Also, less formally than the law French, it is known as a jury of one's peers.
It can vary according to the statutes of the various states. A 'petit jury' is the name for ANY jury other than a "Grand Jury" It usually depends upon the seriousness of the charges being tried.
The defense do not have to prove anything, if the prosecution fail to prove guilt, then the defendant is not guilty (in an ideal world). It may be the case thaat a jury may find guilt when a charge has not really been adequately proved to be true, but in this case the judge must direct them to find "not guilty" through lack of evidence.
a jury must come back with a vote of 9/12Another View: A civil jury must only find you guilty by a PREPONDERANCE of the evidence, and NOT, as in a criminal tiral, BEYOND REASONABLE DOUBT.
In addition to guaranteeing the right to an attorney, the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant a speedy trial by an "impartial jury." This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and that before being convicted of most crimes, the defendant has a constitutional right to be tried by a jury, which must find the defendant guilty "beyond a reasonable doubt."What is a "Speedy" Trial?A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested. Although most states have laws that set forth the time in which a trial must take place after charges are filed, often the issue of whether or not a trial is in fact "speedy" enough under the Sixth Amendment comes down to the circumstances of the case itself, and the reasons for any delays. In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.What is the Jury's Role at Trial?The Sixth Amendment guarantees a criminal defendant the right to be tried before an "impartial jury," representative of a cross-section of the community, which will consider the evidence against the defendant and decide whether to find him or her guilty of the crime(s) charged. In almost all states, 12 jurors must agree in order to find a defendant "guilty" or "not guilty." In such states, if the jury fails to reach a unanimous verdict and finds itself at a standstill (a "hung" jury), the judge may declare a "mistrial," after which the case may be dismissed or the trial may start all over again.
The burden of proof is on the prosecutor. They must prove beyond reasonable doubt that the accused is guilty. The defense only needs to raise reasonable doubt about the defendant's guilt. If jurors believe the defendant may have committed the crime, but have reasonable doubt then they must find the defendant not guilty.
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 judge is required by law to sentence a charge for the defendant is found guilty of. When defendant is found guilty of multiple felony convictions, the must be sentenced for each one.