Hung Juries
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Hung Juries
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. This situation can occur only in common law legal systems, because civil law systems either do not use juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a single, solemn vote. Australia Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials. Canada In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will b ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. A large part of its eastern boundary is demarcated by the Mississippi River. Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). The state's capital is Baton Rouge, and its largest city is New Orleans, with a population of roughly 383,000 people. Some Louisiana urban environments have a multicultural, multilingual heritage, being so strongly influenced by a mixture of 18th century Louisiana French, Dominican Creole, Spanish, French Canadian, Acadi ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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Death-qualified Jury
A death-qualified jury is a jury in a criminal law case in the United States in which the death penalty is a prospective sentence. Such a jury will be composed of jurors who: #Are not categorically opposed to the imposition of capital punishment; #Are not of the belief that the death penalty must be imposed in all instances of capital murder—that is, they would consider life imprisonment as a possible penalty. The creation of such a jury requires the striking during ''voir dire'' of jurors who express opposition to the death penalty such that they are unable or unwilling to set aside personal, moral, or emotional objections toward the supporting of a death sentence, and is designed to produce a ''fair and impartial'' jury of which the members will fairly consider all options, including the death penalty and life imprisonment. Expressing opposition to the death penalty does not automatically disqualify a juror. A party may attempt to rehabilitate the juror by asking questions as ...
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Capital Punishment In The United States
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. Capital punishment is, in practice, only applied for aggravated murder. Although it is a legal penalty in 27 states, only 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums. The existence of capital punishment in the United States can be traced to early colonial Virginia. However, the unique nature of capital punishment being removed and reinstated into law throughout American history at different points in time is related to and aligns with the United States' racial history and its enslavement then prejudice towards Black Americans''.'' Along with Japan, South Korea, Capital punish ...
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Manual For Courts-Martial
The ''Manual for Courts-Martial'' (''MCM'') is the official guide to the conduct of courts-martial in the United States military. An Executive Order of the President of the United States, the ''MCM'' details and expands on the military law established in the statute Uniform Code of Military Justice (UCMJ). The ''MCM'' contains five parts plus 22 appendices: *Part I is the Preamble, which gives background and jurisdictional information *Part II explains the Rules for Courts-martial (Rules 101 through 1307) *Part III lays out the Military Rules of Evidence (Rules 101 through 1103) *Part IV sets forth the elements and punishments of offenses (Punitive Articles, paragraphs 101 through 108) *Part V provides guidelines for the imposition of non-judicial punishment (NJP) *Appendices provide the Constitution of the United States, the UCMJ itself, analysis of the Parts, historical Executive Orders, forms, etc. In June 2019, the ''Federal Register'' published the 2019 Manual for Courts-Mart ...
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Uniform Code Of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces". History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of the United States Navy (commonly referred to as ''Ro ...
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Supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or f ...
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Federal Rules Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) is governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's proposed am ...
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Allen V
Allen, Allen's or Allens may refer to: Buildings * Allen Arena, an indoor arena at Lipscomb University in Nashville, Tennessee * Allen Center, a skyscraper complex in downtown Houston, Texas * Allen Fieldhouse, an indoor sports arena on the University of Kansas campus in Lawrence * Allen House (other) * Allen Power Plant (other) Businesses *Allen (brand), an American tool company *Allen's, an Australian brand of confectionery * Allens (law firm), an Australian law firm formerly known as Allens Arthur Robinson *Allen's (restaurant), a former hamburger joint and nightclub in Athens, Georgia, United States *Allen & Company LLC, a small, privately held investment bank *Allens of Mayfair, a butcher shop in London from 1830 to 2015 *Allens Boots, a retail store in Austin, Texas * Allens, Inc., a brand of canned vegetables based in Arkansas, US, now owned by Del Monte Foods * Allen's department store, a.k.a. Allen's, George Allen, Inc., Philadelphia, USA People * Allen ...
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Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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