Are judges and juries the same?

Is it better to be tried by a judge or jury?

Generally speaking, if the issues are highly factual—such as cases involving mistaken identity or those involving the credibility of witnesses, jury trials are preferred. On the other hand, if the issues are purely legal in nature, the election of a bench trial may be a good decision.

What are two things jurors should never do?

Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.

Who is more powerful judge or jury?

Ultimately, it's up to the judge to rule on these issues of law, and decide which evidence can be considered. Therefore, the jurors should only make their decision based on what is seen and heard in the courtroom, and nothing else. Courts have other standard rules, to make sure the entire process is fair and impartial.

Can a judge replace a juror?

Yes. At any point after a criminal trial starts, a judge must remove any juror when it becomes clear that the person is disqualified for any of the “for cause” reasons for disqualifying potential jurors before trial, including: bias for or against the defendant.

Who has the final say in court, judge or jury?

In both civil and criminal cases, it is the jury's duty to decide the facts in accordance with the principles of law laid down in the judge's charge to the jury. The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.

What happens if one juror disagrees?

If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence.

What does NOV stand for in law?

NOV is the acronym for the Latin phrase non obstante veredicto, which directly translates to “notwithstanding the verdict.” NOV or non obstante veredicto is usually used in the context of JNOV (judgment non obstante veredicto) to describe a judgment entered for one party even though a jury has issued a verdict for the ...

What does "voir dire" mean?

What does the term "voir dire" mean? The phrase "Voir Dire" literally means, "to speak the truth." In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.

Can judges ignore the jury?

In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.

What is the slowest month for jury duty?

Jurors are less likely to be summoned during holiday seasons like Christmas and New Year's, as well as during the summer and school breaks. This is because courts schedule fewer trials during these months, when many people are on vacation and potential jurors are sparse.

What is the best excuse to miss jury duty?

What happens if you fall asleep during jury duty?

holding the juror in contempt. instructing the jury that sleeping and inattentiveness won't be tolerated, and that jurors who violate that order could be dismissed and sanctioned. granting a motion for mistrial (if the misconduct was discovered before the verdict), and.

What happens if a jury member dies?

If a juror dies, becomes incapacitated or disqualified, or is discharged for any other reason. If an alternate juror has not been seated as a regular juror by the time the case is submitted to the jury, the juror must be discharged.

Are judges excused from jury duty?

Yes. Judges (and we prosecutors, and all other lawyers) are still subject to jury duty. Here in my county, most of our judges have stories of having served on a jury while a judge.

Has a judge ever overruled a jury?

There are times when the ultimate decision of a jury in an injury trial can be questioned, and even overturned. These are rare situations, but they do happen. They usually involve either how the jury came to its decision, or whether the ultimate decision makes logical sense.

Who is the most powerful person in the courtroom?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

Who has more authority than a judge?

Supreme Court Justices

The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.

What not to say to a judge?

Are jurors allowed to cry?

Crying alone may not be juror misconduct.

What professions make bad jurors?

Some jurors in helping professions are indeed problematic for the defense. For example, paraprofessionals (employed in occupations such as nursing assistants, teaching assistants, etc.)