Jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact.
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Jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact.
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The modern jury trial was first introduced in the Rhenish provinces in 1798, with a court consisting most commonly of 12 citizens.
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In Constance the jury trial was suppressed by decree of the Habsburg monarchy in 1786.
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Many British colonies, including the United States, adopted the English common law system in which trial by jury is an important part.
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The Queensland Jury trial Act 1995 allows majority verdicts for all crimes except for murder and other offences that carry a life sentence, although only 11:1 or 10:1 majorities are allowed.
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Generally, it is the accused person who is entitled to elect whether their trial will proceed by judge alone or by judge and jury; however, for the most severe criminal offences—murder, treason, intimidating Parliament, inciting to mutiny, sedition, and piracy—trial by jury is mandatory unless the prosecution consents to trial by judge alone.
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In Tran v The Queen, it was held that an accused only has to show that they were excluded from a part of the Jury trial that affected their vital interests, they do not have to demonstrate actual prejudice, just the potential for prejudice.
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Jury trial system was abolished in South Africa in 1969 by the Abolition of Juries Act, 1969.
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The right to jury trial isn't just a hallowed principle but a practice that ensures that one class of people don't sit in judgement over another and the public have confidence in an open and representative justice system.
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English common law and the United States Constitution recognize the right to a jury trial to be a fundamental civil liberty or civil right that allows the accused to choose whether to be judged by judges or a jury.
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Jury trial's deliberations are conducted in private, out of sight and hearing of the judge, litigants, witnesses, and others in the courtroom.
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The right to a jury trial in civil cases does not extend to the states, except when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part.
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Civil cases, a jury trial must be demanded within a certain period of time per Federal Rules of Civil Procedure 38.
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