The Daily Insight
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Why is there a jury?

A jury is a group of people summoned and sworn to decide on the facts in issue at a trial. The jury decides whether a defendant is “guilty” or “not guilty” in criminal cases, and “liable” or “not liable” in civil cases.

What is the role of a jury in a criminal case?

The role of the jury in both criminal and civil trials is to determine questions of fact and to apply the law, as stated by the judge, to those facts to reach a verdict. In criminal trials, the jury’s role is to determine guilt or otherwise. In civil trials, the jury’s role is to decide fault and damages.

How often is there a hung jury?

Juries that hung on all counts occurred least frequently (8 percent of cases studied). Juries hung on the first count of the indict- ment (generally the most serious charge) in 10 percent of cases and on at least one count charged in 13 percent of cases.

Do judges listen to jury?

At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge’s instructions as to the law, the jury alone is responsible for determining the facts of the case.

What happens if all 12 jurors don’t agree?

If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed. . . . If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant’s guilt or innocence.

Is Juror number 1 the foreman?

Juror #1 seems like a soft-spoken person who’s willing to assert himself when he needs to. He makes a decent effort at trying to keep the other jurors in order because as Juror #1, he is also the jury’s foreman and is responsible for keeping the group under control.

Who decides hung jury?

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant’s guilt or innocence. The government may retry any defendant on any count on which the jury could not agree.”

How common are hung juries?

The average hung jury rate across all 30 sites was 6.2 percent, with slightly higher rates ranging from 8 percent to 14.8 percent in 5 of the 6 California counties. The figure below displays the individual jurisdictional rates and shows the variation across counties.

Who are the courtroom actors?

Key figures in a courtroom trial are the judge, a court reporter (in superior court), a clerk, and a bailiff. Other central people are the attorneys, the plaintiff, the defendant, witnesses, court interpreters, and jurors.

What happens if the judge disagrees with the jury?

Also if the judge decides that during the trial there was some error by the judge then the judge can overturn the verdict. The error may be on the basis of evidence that the jury should or should not have heard. In that case the judge may order a new trial that covers all or some of the issues.

Do you need all 12 jurors to agree?

During the process of deciding the issues in the case, there is usually give and take by jurors and each of the 12 must consider whether to compromise their position in order to reach a unanimous verdict. In that case, the judge will declare a mistrial. Thereafter, the case will have to be re tried by the parties.