Jury how many votes

The client is a large corporation with a corporate counsel who wants to be apprised of every step of the litigation. Her first assignment is to work on the v oir dire questions used to identify biases in potential juror candidates. As part of the assignment, she is putting together a one-page explanation of the jury selection process for the client.

She begins by laying out the total number of jurors required, votes required to establish liability, and any additional requirements of the jury. Help Julie write this first portion of the strategic plan. Written by Jason Gordon Updated at September 23rd, Contact Us If you still have questions or prefer to get help directly from an agent, please submit a request. Please fill out the contact form below and we will reply as soon as possible. Discussion Question How do you feel about the requirement in civil cases that a majority of jurors find liability?

Many would argue that allowing for a finding of liability in civil trial by a simple majority of jurors is unfair. They would argue that the standard should be unanimous, as in criminal trials. The division of the role between the judge and jury in a trial can be characterized by a simple distinction: the jury determines the truth of disputed facts while the judge decides the rules of law. For a plaintiff to win a civil lawsuit with a jury, three-quarters of the jurors must find the case in the plaintiff's favor.

Guilt or innocence in a criminal trial requires a unanimous decision of the jury. Absent fraud, a jury's verdict is final.

Jury deliberations will not be scrutinized, or their verdict overturned, even when the jury is suspected to have purposefully rejected the judge's instructions or the evidence presented.

Sometimes, jurors may be unable to reach a consensus. If this occurs, the judge will instruct jurors to continue deliberation, and if a consensus still cannot be reached the jury will be considered a hung jury and there must be a new trial with a new jury. Jury nullification is defined as a jury's intentional refusal to apply the law because the jurors do not agree with the verdict that would be in accordance with the existing laws.

This may be because they wish to send a message about a social issue or because of moral issues that the jurors have with the case's outcome. An example might be a juror who votes "not guilty" in a criminal case where the defendant has been accused of marijuana use, not because the facts exonerate the defendant, but rather because the juror supports legalization of marijuana.

Jury nullification is not a legal right of the jury and is inconsistent with the jury's responsibility to make a decision based only on existing law and the facts of the case. Despite this, jury verdicts of acquittal cannot be contested, and so even a decision involving jury nullification will remain unassailable.

The U. The use of jurors in excess of six increases the representativeness of the jury and harms no interest of a party. Ray v. Parkside Surgery Center , 13 F. If the court takes the precaution of seating a jury larger than six, an illness occurring during the deliberation period will not result in a mistrial, as it did formerly, because all seated jurors will participate in the verdict and a sufficient number will remain to render a unanimous verdict of six or more.

In exceptional circumstances, as where a jury suffers depletions during trial and deliberation that are greater than can reasonably be expected, the parties may agree to be bound by a verdict rendered by fewer than six jurors. The court should not, however, rely upon the availability of such an agreement, for the use of juries smaller than six is problematic for reasons fully explained in Ballew v.

Georgia , supra. If you recognise the defendant or anyone else involved in the trial, tell a court official at once by passing them a note. The judge sits at the front of the court and controls proceedings. They control the trial and decides questions of law. A High Court Judge is called 'my lord'. A county court judge, sitting in the Crown Court, is called 'your honour'.

The first person selected as a juror acts as the foreperson of the jury. The defendant sits in the dock accompanied by a prison officer. Youths appearing in court sit next to the dock. They swear the jury and co-ordinate the court proceedings. Once a jury has been chosen, two jury keepers usually members of court security staff are also sworn. Their job is to make sure that no one contacts jurors during the trial and to provide a way for jurors to communicate with the court. Also known as counsel, barristers wear black robes and wigs.

Prosecution counsel presents the evidence against the defendant to the court. Sometimes solicitor advocates will present evidence in the Crown Court in place of a barrister. The solicitor advocates will carry out the same role as a barrister but don't wear a wig or gown. Solicitors sit either behind or in front of counsel. They will have previously instructed counsel given them the details of the case before the case has come to court.

They don't speak in court except when the jury is being selected. There are many types of witnesses that can be called during a case. Witnesses may include forensic scientists, police officers, medical experts, eyewitnesses and others. Some evidence is very detailed and specialised. Listen carefully to all the evidence and pay attention to any exhibits, as this will be the basis on which you must decide your verdict. The Crown Court is a court of record. All proceedings are accurately recorded by a digital recording system operated by the court clerk, or by a shorthand writer or stenographer.

If there is a stenographer or shorthand writer, they usually sit beside the court clerk and records everything that is said in court. This record may be used if the case goes to appeal. The case follows a set pattern.