In a criminal trial, if the jury is unable to reach a unanimous verdict, the judge may declare a mistrial. However, in some jurisdictions, a judge can convict a defendant based on a non-unanimous jury decision, particularly in certain civil cases or in specific states where such laws apply. In cases involving a split jury, the prosecution can also choose to retry the case. Ultimately, the decision depends on the laws governing the jurisdiction where the trial occurs.
The grand jury does not convict anyone of anything. The grand jury hears the evidence presented by the prosecutor. If the grand jury thinks the prosecutor has adequate evidence, then the grand jury indicts that person. A trial will then be held before a petite jury, or small jury. It is that jury that determines if someone will get the death penalty.
Not surprisingly, a Judge and Jury act as judge and jury.
One may be attempting to appeal to the jury's sense of emotion; whereas, a judge will not give into emotions as easily.
The jury will acquit or convict the person by voting. However, you need 12 out of 12 guilty votes to convict them
The jury granted amnesty to the convict. -A
A judge can overrule a jury when there is a legal error in the jury's decision or if the judge believes the jury's decision is not supported by the evidence presented in the case.
Becuase, if I am correct, it must take all of the jury to convict someone of murder; unanimous means all.
Some jury members may have moral or ethical objections to the death penalty and may be hesitant to convict someone if it means they could be sentenced to death. They may also have concerns about the potential for wrongful convictions and the irreversible nature of the death penalty. Additionally, some jury members may empathize with the defendant's situation or believe in the possibility of rehabilitation.
Typically, the judge enters the courtroom first, followed by the jury. The judge takes their seat at the bench, and once the judge is in place, the jury is brought in. This order underscores the judge's role as the presiding authority in the courtroom. After the judge and jury are seated, the proceedings can commence.
No, a judge cannot reverse a jury finding. However the judge does determine the fine, so if the judge deems someone not responsible for the maximum punishment he can receive an extremely light punishment.
A judge who does not charge a jury is typically referred to as a "bench judge" or presiding over a "bench trial." In these cases, the judge is responsible for determining the facts and applying the law without a jury's involvement. This differs from jury trials, where a jury is charged with evaluating evidence and rendering a verdict based on that evidence. In a bench trial, the judge's instructions to the jury are unnecessary since there is no jury present.
The jury can give two verdicts, guilty, or not guilty in a criminal trial. They are typically given a set of charges that they have to give a verdict on. Some allow them to convict on a lessor included charge. Meaning if someone is charged with first degree murder, they could convict of second degree murder. If the jury cannot decide on a verdict, it can be ruled a hung jury. At that point the trial can start all over again with a new jury. In a civil trial, the jury determine if they are liable or not liable.