COMM 341: Criminal Jury Trial
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Criminal vs. Civil
Starts differently
- In civil it starts with a complaint. In criminal it starts in an arrest.
Also different in the end
Jury nullificaiton
JURY'S CAN GO BESERK IN CRIMINAL CASES AND DO WHAT THEY NEED TO DO
- The power of a jury to find someone not guilty (no matter how guilty the defendent is) and the jury walks free
- THEREFORE: A judge can not turn a Not guilty into a Guilty
- A constitutional right as a part of our right to trail by jury.
- Note: Judges must not "just accept" the jury's reccomendaiton of a guilty verdict, therefore IT DOES NOT GO THE OTHER WAY
- If a jury finds someone guilty, the judge must take the evidence into consideration, and find then hand down a judgement.
- Judge CAN TURN a jury guilty verdict into a not guilty verdict.
