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If a jury finds you "not guilty", are all charges dropped?
I was just watching a show were the main character was accused of murder and stood for trial. He clearly did it, confessed, even said he did it for revenge.
Then the jury declared him "not guilty" and he kind of, well... walked away.
So, we don't have jury duty where I live and I'm confused.
If the jury - which consists of a bunch (10?) random persons - says someone is not guilty, even though there is plenty of evidence that proves otherwise, are you really free of all charges?
It just seems awfully easy to manipulate.
I'm totally not judging here, I was just wondering if that's really the case or if it it's just fiction, built in so they could have another season (not that I'm complaining)...
All answers greatly appreciated!
5 Antworten
- UnknownLv 4vor 8 JahrenBeste Antwort
That is a deep question but here goes -
US jury for felony is 12 "random" people
If a jury renders a verdict of "not guilty" it REALLY and truly ONLY means that the prosecution - who bears the burden of proving the case - failed to prove the charges brought
"not guilty" does not mean the person didn't do it
Often times there is plenty of evidence of guilt. But for many reasons the jury cannot ALL agree (required) on what charge(s) if any the aree on.
Yes, if a person goes to trial and is acquitted then he does indeed walk-away and cannot be re-tried for THAT same act/episode.
Yes it is not difficult to manipulate 12 people with various degrees of interest and life to all agree on anything.
Quelle(n): 23 years as a prosecutor - Anonymvor 8 Jahren
In the U.K all film is prohibited in a Law Court. Certain cases might make it through to production based on the entertainment value where you're watching. If it goes to a Crown Court here, equivalent to Federal in the States, then the judge, or judges can preside over the evidence and ask that the jury could consider a lesser charge. For example a GBH Charge is where someone is hurt bad, if not found guilty of inflicting the main injury but for a smaller one of say a few slap then ABH is more likely. The other thing which I will take into account is that the lawyer must have reason the believe that they are innocent. So even if someone makes a confession to being in the area, meeting the person, being seen with the person e.t.c will all seem damning but if D.N.A evidence proves somehow that he was somewhere else then the jury's got to go with the facts of law and scientific explanation is prevalent.
- Anonymvor 8 Jahren
No. When a jury finds you not guilty, you are acquitted. To say charges are "dropped" would mean the prosecution decided to stop prosecuting you. (And hence, the jury would never end up making a decision on your guilt.)
A petit jury, used in criminal trials, consist of 12 people. They are randomly selected from the community, and they must all agree on the verdict. So, to declare a man innocent or guilty, 12 people have to agree to do so. The jury isn't easy to manipulate, because there are strict rules about what lawyers can or can't say in and do in the courtroom. For example, information that makes the defendant look bad can be suppressed if it has nothing to do with the current case, so that the jury isn't unduly influenced. If a jury is unduly influenced, the judge can declare a mistrial and the trial has to be repeated with a new jury.
Jury selection isn't entirely random, either. Both sides ask questions about particular jury members and can object to them, replacing them with another. In this way, jury members that are biased towards one side or the other will be weeded out. If it is believed that most of the community would be biased against the defendant (for example, a black person living in a mostly white southern town in the 60s would likely face a lot of racism), the defendant's lawyer can request to have the trial held elsewhere, so the selection is made from a less biased pool of jurors.
It may sound strange, but if you ask me, I feel more comfortable putting my freedom in the hands of 12 members of the community who understand my kind of life, than a panel of judges who are employed by the government and may be experts on the law but not know much about the kind of situations that happen in cases. There are all sorts of safeguards in place to prevent a jury from being manipulated.
- ?Lv 4vor 4 Jahren
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