California Reasonable Doubt by Single Juror
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FAQ
If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A ?hung jury? results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.
As briefly discussed above, Rule 4.421 of the California Rules of Court spells out aggravating factors that a judge can use in determining a sentence, as most felonies have a range of penalties that can be imposed. There are two parts to CRC 4.421?factors relating to the crime and factors relating to the defendant.
In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors. Under Missouri law, a judge may impose a death sentence when the jury deadlocks in the penalty phase.
In civil cases in California, three quarters of the jurors must agree in order for the jury to render a verdict. This contrasts with criminal cases, which require a unanimous verdict.
There is no requirement that jurors must come to a unanimous verdict. If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.
Under Florida's constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt.
Instruction 103 on Reasonable Doubt states that ?Whenever I tell you the People must prove something, I mean they must prove it beyond a reasonable doubt [unless I specifically tell you otherwise].? Thus, when the concept of reasonable doubt is explained and defined, the jury is told that it is the standard that ...
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.
