The Duty to Deliberate is a legal principle that requires an individual or a body of decision makers to carefully consider all relevant evidence before making a decision. This principle is designed to ensure that decisions are made based on sound reasoning and with the best interests of the affected parties in mind. The Duty to Deliberate can be broken down into three distinct types: 1. The Duty of Care: This type of Duty to Deliberate requires decision makers to take reasonable steps to obtain and consider all available evidence and to take into account all relevant factors when making a decision. 2. The Duty of Inquiry: This type of Duty to Deliberate requires decision makers to undertake a thorough and diligent investigation into the facts of the case before making a decision. 3. The Duty of Reasonableness: This type of Duty to Deliberate requires decision makers to be reasonable and balanced in their decision-making, taking into account all relevant facts and the potential consequences of their decision.
Duty to Deliberate
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FAQ
If used as a verb, it refers to the action of analyzing or carefully considering the evidence, facts, the law, or other matters. For example, a jury that deliberates on a verdict in a criminal case.
The goal of jury deliberation is agreement on a verdict, but no juror should try to force another to adopt his/her position. Courteous and reasonable discussion will usually make it possible to reach agreement.
When the jury decides a case they reach what is called a verdict. Verdict is a Latin word which means "to speak the truth." In order to reach a verdict in a case, all 12 jurors must agree; there is no majority rule.
In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.
2.6. 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.
Follow the judge's instructions about the law. Respect each other's opinions, and value the different viewpoints you each bring to the case. Know that it is okay to change your mind. Listen to one another, do not let yourself be bullied into changing your opinion, and do not bully anyone else.
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.
What Happens If a Jury Is Hung Twice? Generally, it is rare for a hung jury to occur, let alone occur twice for the same proceeding. Often, juries will report that they are deadlocked after only deliberating for a short period of time. If there is a hung jury, the judge may order the jurors to deliberate further.