Texas Defendants Jury Demand

State:
Texas
Control #:
TX-G0099
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PDF
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Description Jury Demand

A05 Defendants Jury Demand
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FAQ

All defendants in state criminal cases are entitled to jury trials according to the federal standard for "serious penalties" used by the Supreme Court. However, if the offense carries a sentence of 6 months or less, then a jury trial isn't mandated and the state can decide whether to require a jury trial.

In civil cases, the size of a jury varies between states. In NSW a civil jury consists of four people; in Victoria, 6-8, in Tasmania, 7; and in South Australia juries are only used for criminal trials.

The percentage of federal lawsuits decided by jury trial dropped from 5.5% in 1962 to 0.8% in 2013.

According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.

Jury Size & Use 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.

There are two kinds of juries in Texas: petit juries and grand juries. In criminal cases, a petit jury is selected to serve in a particular trial in order to decide on the defendant's guilt or innocence.

In federal civil cases, a verdict must be unanimous. In California, a verdict requires three-fourths, i.e., 75%, of the panel.

Juvenile court proceedings are an exception to the right to public trials. These are generally closed to limit the future consequences for the juvenile defendant. (Their name is usually removed from the court documents for the same reason.)

Mistrial. The third possibility is that all 12 jurors can't agree on a guilty or not guilty verdict on some or all of the charges. When this happens and it only takes one juror it's called a hung jury. If the jury is hung on any of the counts, it's considered a mistrial on that count.

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Texas Defendants Jury Demand