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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.
In Texas, the jury is typically given instructions by the judge on considering aggravating and mitigating factors when deciding if a defendant should be sentenced to death. The jury must find that aggravating factors outweigh mitigating factors beyond a reasonable doubt to impose a death sentence. The decision must be unanimous.
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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?
No, the defendant is not required to provide testimony in their trial. The right to remain silent is protected under the Fifth Amendment of the U.S. Constitution, and a defendant cannot be compelled to testify against themselves.
What is the concepts of ratio decidendi and obiter dicta?
Ratio decidendi refers to the legal reasoning behind a court's decision that forms the binding precedent in future cases. Obiter dicta are statements or opinions made by the court that are not essential to the decision and do not create binding precedent, but may provide guidance or insight on the case.
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
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.
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.
What four criteria are used to determine if a trial delay is unconstitutional?
1- The length of the delay. 2- The reasons for it.3- Whether the delay has in fact harmed the defendant.4- Whether the defendant asked for a prompt trial.
How do you qualify to get house arrest?
There is no definite answer to this question. The decision as to whether to sentence an offender to house arrest or not is entirely up to the discretion of the judge.
The preliminary hearing is used to decide all but which one what?
whether the defendant is guilty
