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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).
What else can I help you with?
How the defendant pay to the victim?
Restitution is paid generally through the Defendant's probation officer if he has one or the Clerk's Office of the sentencing court. If the Defendant does pay the victim directly he should get a receipt or note stating how much was paid and how much is the balance due.
How much time do you have to serve on a class C felony?
This is in New York? It depends on whether the C felony was considered violent or not, and the defendant's criminal history. Depending, sentencing can range from probation to 15 years.
IF A defendant does not testify at trail the jury may validy use this as circumstanial evdinece of guilt?
A defendant is not required to testify. The judge will probably instruct the jurors not to read anything into whether they choose to do so or not. However the reality of the situation is that some, or all, of the jurors will probably give this fact as much or as little weight as they wish.
Where a defendant is mistaken the defendant should be excused from criminal liability?
Pretty much no.
Why might someone choose to not have a jury trial?
The option to a jury trial is called a "bench trial." This is where a judge hears the evidence and decides without a jury. In criminal cases, the defense almost always prefers a jury trial because you only have to convince one of the jury members to avoid a conviction. Judges may be seen as less susceptible to using sympathy for a "victim" to convict than a jury. Also, if the case is more about some complex legal issue than the facts, a judge is more likely to understand the defense and find a defendant not guilty. In civil cases, a non- jury trial is better for the party that believes the law is on their side, and the jury trial is better suited for the party that hopes to confuse the jury and win based on other factors. A final consideration is cost. Non-jury trials are much shorter and therefore less expensive.
In a secret indictment case how much of the evidence is allowed to be presented to the defendant before they go to trial?
All indictments are done in secret. That's why Grand Jury deliberations are not open to the public. The defense gets to see the evidence that will be presented against them during the process of "discovery."
What is a sample letter asking for leniency from the judge before your sons sentencing?
A sample letter asking for leniency from the judge before your son's sentencing should include a brief introduction explaining your relationship to the defendant and your understanding of the situation. It should then outline any mitigating circumstances or factors that may warrant a more lenient sentence, such as the defendant's remorse, efforts to make amends, or personal struggles. Finally, the letter should respectfully request the judge to consider these factors in determining an appropriate sentence for your son.
How much can you claim for Jury Duty?
You may claim up to $35 to $80 per day that your on jury duty.
How much jail time does a defendant serve for burglary in Ny?
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How much do jury members win on Survivor?
$25,000
Dealing acid and sentence for getting caught?
Just how much is the criteria for sentencing and whether you plead guilty.
What are the punitive damages in the civil law suits?
In a civil lawsuit, there are actual (compensatory) damages sought by the plaintiff, and these are decided by the judge or jury. The other type of damages that can be awarded are punitive damages, which can be much higher. Punitive damages are just what the term implies: punishment for the actions by the defendant. If the judgment finds that the activity by the defendant was knowingly wrong or negligent, the defendant is punished by a separate monetary award. In this way, companies and individuals do not benefit from illegal or unlawful actions by only having to pay what they rightfully should have in the first place. In some cases, the fact that a large number of plaintiffs experience the same loss or hardship is sufficient to establish a pattern of deliberate wrongful activity by the defendant.
