Jury Trial

Jury trial The history of the jury trial can be traced back to the centuries, the role and status of the jury changed dramatically, and the number and scope of the jury trial has also changed dramatically. An important breakthrough event in the history of the jury was Bushe's case (1670), where the jury was determined to have the right to make judgments based on conscience, the fact that the jury was the only referee. They can not be punished by examining the facts against the judges.

In the criminal procedure in the state court, the accused may face a jury trial or a surrogate trial. The jury trial is a trial in front of six or twelve juries, after hearing evidence and legal arguments, the defendant determines whether he is guilty or guilty of his complaint. In the jury trial, the judge needs to decide procedural and evidential issues, such as who can testify, whether the witness can testify, the document or physical evidence the jury can review. In the alternative case, the judge makes the same procedural decision, listens to the evidence and judges whether the accused is guilty or guilty.

In the jury trial, the jury of the community member will attend the trial in order to act as a discoverer of the fact. The jury will hear the evidence presented by each party during the trial and make judgments based on the persuasive power of evidence. During the jury trial, the judge handles legal and procedural issues such as solving the lawyer's objections to the problem or evidence, judging a lawyer's allegations,

There are mainly two kinds of trials in criminal trials. It is a jury trial and a surrogate trial. In the jury trial, the jury submits the case to the jury. The jury usually consists of 12 (sometimes less) selected by pre-hearing process called "incident". During the proceedings, prosecutors and counsel will give the potential jury the opportunity to decide who should be a member of the jury. A judge in a criminal trial, often referred to as a "court", can not judge whether the evidence is sufficient to guide a conviction. Instead, the role of the judge in the trial is to control all the legal problems that arise, and to confirm that the criminal justice process functions as expected. Therefore, the judge is called the judge of the law.

The jury trial was decided by the chosen team of defendant's colleagues. According to the sixth revision of the US constitution, all criminal defendants are entitled to a jury trial. The defendant got a fair jury legal right to start the trial promptly. At the suspicious stage of the trial, both the counsel and the prosecutor asked us to vow to the jury candidate to confirm the possibilities as a fair member of the jury. At the beginning of the trial, the judge gave the jury instructions on the role of fact finding. However, in most trials, the judge may offer most instructions, after the evidence is presented by both parties. After the evidence statement is completed, the jury applies the law based on the judgment of the judge on the facts of the incident. In that case, we must judge whether the prosecutor assumes burden of proof.