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Section 42.015 - Finding of Age of Victim (a) In the trial of an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the

In Texas, the judge is the default choice to decide the sentence. However, a defendant has a right to have a jury decide the sentence. The punishment phase is similar to guilt-innocence in that both sides make opening and closing statements and put on witnesses.

In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.

To return a valid verdict in criminal trials, jurors must reach a unanimous verdict. In civil trials, agreement of just five sixths of the jurors is sufficient to reach a valid verdict.

Who determines what punishment a convicted defendant receives? Judges, not juries, almost always determine the punishment, even following jury trials. In fact, a common jury instruction warns jurors not to consider the question of punishment when deciding a defendant's guilt or innocence.

Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.

In most states and in the federal courts, only the judge determines the sentence to be imposed.

37.07. VERDICT MUST BE GENERAL; SEPARATE HEARING ON PROPER PUNISHMENT.

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In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant. After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court.A unanimous decision must be reached before a defendant is found "guilty. " The government must prove the crime was committed "beyond a reasonable doubt. In most instances, the verdict in a criminal case must be unanimous. In some states a less than unanimous decision is permitted in civil cases. JUDGMENT OF CONVICTION BY JURY. Judge Presiding: HON. The first person selected as a juror acts as the foreperson of the jury. However, a jury decides factual issues and renders a verdict as a jury would in a traditional trial and the parties waive all appeals.

Texas Judgment of Conviction By Jury

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What is the penal code 42.015 in Texas?

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