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Direct Evidence
Grand Jury.
Grand Jury is the type of jury with more than twelve jurors.
Petit.
A petit jury is the same thing as a trial jury. This is a panel of jurors selected by lawyers and a judge to hear evidence and fact concerning either a civil or criminal case. They are charged with determining either guilt or innocence, pro or con or whatever decision they are charged with.
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.
Generically, the "entry level" court is called a trial court. There, a judge or jury determines facts from the evidence presented (testimony, documents, other physical evidence, inferences from other evidence). If it is bench trial, the judge applies applicable law to the facts and makes a determination based upon which party has the burden of proof. If a jury trial, the judge instructs the jury on the law to apply, and the jury goes through a similar process until a decision is reached.
A normal (petit) jury hears evidence of a case after the arrest and arraignment of the accused.A grand jury hears evidence before the case is filed and may issue indictments based on the evidence presented by the prosecutor alone.Additionally. . .A petit jury merely listens to testimony presented as well as instructions of the judge. It then renders decisions based on the evidence and judge's instructions. Besides criminal cases, it also hears civil cases.A grand jury gets to ask questions of witnesses and can actually start their own investigations into matters not even presented by the prosecutor. (Prosecutors normally attempt to take charge of the jury but it is actually the jury who is in charge.) After hearing the evidence it either bills (indicts), no bills (does not indict), or passes (takes no action), not by a unanimous vote as in criminal cases but by 9 out of 12 as in civil cases. (An indictment merely means the jury believes there is sufficient evidence to hold the subject over for trial.) Grand juries are fun and very interesting to be on, petit juries usually not so.
Direct evidence is the type of evidence derived from one or more of the five senses.
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.
The judge's function in a trial by jury, is to rule on matters of law and evidence and ensure the trial is conducted properly in accordance with applicable law. But, it is the jury's verdict which IS the final decision. Depending upon the type of trial the judge MAY have some leeway in in sentencing or levying a punishment or fine.
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