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What guidance is the jury given in Texas with regard to its decision on whether or not to sentence the defendant to death?
Before a jury retires for deliberation the judge "instructs" them on the relevant law by either reading them the statute(s) or the appropriate excerpts so that they know and are aware of exactly what the law says on the matter they are about to deliberate on.
What else can I help you with?
Does the jury decide on a death sentence or life sentence or just guilty or not guilty verdict?
The jury does not directly decide on a death sentence or life sentence. If a defendant is found guilty, there will be a separate sentencing phase where the jury will consider evidence and decide on the appropriate punishment, which could include the death penalty or a life sentence.
What theories can be used to establish negligence?
Some common theories used to establish negligence include the "reasonable person" standard, which evaluates whether a person's actions were reasonable in a given situation; the "duty of care" concept, which assesses whether the defendant owed a duty of care to the plaintiff; and the "breach of duty" principle, which examines whether the defendant failed to meet the required standard of care. Additionally, the theory of "proximate cause" is used to determine whether the defendant's actions directly caused the plaintiff's harm.
Does the court need to appt a attorney when a defendant can not afford one and is a first time feloney offense?
In the United States, the court is required to appoint an attorney to represent a defendant who cannot afford one in a felony case, regardless of whether it is the defendant's first offense. This right to counsel is protected by the Sixth Amendment of the U.S. Constitution.
Is the defendant always required to provide testimony in the trial?
There is no blanket answer to this question. Whether the defendant testifies on their own behalf, is a legal strategy that the defense attorney will discuss with his client when the time comes.
Can grand gury determine whether defendant in criminal case is guilty?
No, a Grand Jury determines whether there is probable cause, and if a prosecutor has enough evidence to bring the case to trial. A petit jury determines the guilt or innocence of a defendant.
When is punishment imposed during a court-martial?
A defendant is punished after the jury has listened to the evidence during a trial, and decides whether or not the defendant is guilty.Added: After the jury delivers its decision the defendant will be sentenced by the judge according to the applicable law - then - the defendant's "punishment" will commence.
what factors is relevant in deciding whether the defendant's confession was voluntary?
A. The defendant's intelligence
How is the decision made by the jury in a civil case different from the decision made in a criminal case?
In a civil case, the jury decides whether the defendant is liable or not liable for the alleged harm or wrongdoing. In a criminal case, the jury decides whether the defendant is guilty or not guilty of committing a crime. The standard of proof is higher in a criminal case (beyond a reasonable doubt) compared to a civil case (preponderance of the evidence).
Does a fine count as a prior felony for the purpose of sentencing a defendant as a career offender under federal law?
A fine is a sentence, not a crime. Whether the prior offense was a felony would depend on what crime the defendant was sentenced to a fine for.
A sentence using the word ambivalence?
He was not sure whether he wanted to go, and his ambivalence was obvious as he pondered his decision.
How many times can a plaintiff cancel their depositions?
Whether or not a defendant can cancel a deposition depends on whether it is a defense deposition. If it is the other side, the defendant cannot cancel a deposition.
What is a decision reached by a jury called?
A decision reached by a jury is called a "verdict." This verdict determines the outcome of a trial, typically indicating whether the defendant is guilty or not guilty in criminal cases, or finding for the plaintiff or defendant in civil cases. The verdict is usually based on the evidence presented during the trial and the jury's deliberations. Once reached, it is announced in court and becomes part of the official record.
Does a defendant have to testify in a civil case?
No, a defendant in a civil case does not have to testify. It is their choice whether or not to take the stand and provide testimony.
When can you come up for parole when serving a 15 year sentence?
This depends on whether the state has a parole system and if the defendant is eligible for it. For a 15 year sentence, if a state has a parole system, the defendant could be required to serve at least five years, perhaps even more if, for example, the defendant was convicted of violent crime. Each state that has a parole system dictates the minimum time a person must serve before being eligible for parole.
The test of an entrepreneurial decision is whether or not?
The test is whether or not the decision results in a profit.
What type of jury decides the fate of a defendant beyond a reasonable doubt?
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.
What are the four criteria set by Barker vs Wingo?
1.) The length of the delay,2.) the reasons for it, 3.) whether the delay has in fact harmed the defendant and,4.)whether the defendant asked for a prompt trial.
