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Jury sentencing has been seen as a way to in many cases render moot the questions raised by Apprendi and related cases such as Blakely v. Washington and United States v. Booker [67] about the differences between elements of an offense and sentencing factors by letting the jury decide all the facts. [68] Cases such as Miller v. Alabama and Graham v.
During voir dire, potential jurors are questioned by attorneys and the judge.It has been argued that voir dire is often ineffective at detecting juror bias. [1] Research shows that biographic information in minimal voir dire is not useful for identifying juror bias or predicting verdicts, while attitudinal questions in expanded voir dire can root out bias and predict case outcomes. [2]
The right to a jury trial has been enshrined in English law since Magna Carta in 1215, and is most common in serious cases, although the defendant can insist on a jury trial for most criminal cases. Jury trials in complex fraud cases have been described by some members and appointees of the Labour Party as expensive and time-consuming. [142]
Unlike a petit jury, which resolves a particular civil or criminal case, a grand jury (typically having twelve to twenty-three members) serves as a group for a sustained period of time in all or many of the cases that come up in the jurisdiction, generally under the supervision of a federal U.S. attorney, a county district attorney, or a state ...
A number of countries that are not in the English common law tradition have quasi-juries on which lay judges or jurors and professional judges deliberate together regarding criminal cases. However, the common law trial jury is the most common type of jury system. [1] [2] In civil cases many trials require fewer than twelve jurors. Juries are ...
The name refers to a U.S. Supreme Court case in the late 1800s that approved the use of jury instruction by the presiding judge in order to prevent a hung jury. Is an Allen charge an indicator of ...
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool,” also known as the venire) is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals.
For civil cases, a jury trial must be demanded within a certain period of time per Federal Rules of Civil Procedure 38. [99] In United States Federal courts, there is no absolute right to waive a jury trial. Per Federal Rules of Criminal Procedure 23(a), only if the prosecution and the court consent may a defendant waive a jury trial for ...