The Role of a Judge and Jury In a Criminal Trial



Posted: Sunday, December 12, 2010

by David Coleman
Lawyer

In a criminal trial there is a difference between the question what is the law? And the question what are the facts?  The role of the judges to explain and to apply the law. The joy of the jury is to decide which backs approved by the prosecution and then to decide whether the accused is guilty. The members of the jury a guided on the wall by the judge, including what the judges told them in charge which is the address given by the charge to the jury at the conclusion of the trial. In this address, and more generally in the trial, the judge is the tribunal of law and determines what the law is also, the jury is the tribunal of fact meaning that the jury determines what the facts are and whether the accused is guilty or not guilty. The jury is a group of men and women, randomly selected strangers, assembled to decide questions of fact in trials. Juries are not required to decide which legal argument is correct. Correspondingly, the judge does not decide innocence or guilt in criminal trials all the facts in civil actions before a jury.

The members of the jury assembled by the sheriff who is an officer of the court, the jury's commissioner or an equivalent from a list of electors provided by the electoral office. The jury's acts which those disqualified, in eligible and exempt from jury service. The jury is used in criminal trials render a couple of fences in the Supreme Court and intermediate courts, and in some civil cases. These surgeries in civil actions has been abolished by legislation in most jurisdictions, and civil cases are usually heard by a judge alone. However, in some common-law contract and tort cases the parties may request a civil trial with the jury the case is in the Supreme Court or the intermediate Court, there are no equitable principles involved, and the claim is not involve compensation to personal injuries from motor vehicle accident.

David Coleman is a lawyer in Sydney Australia with over 10 years experience in the legal industry. If you need legal advice or a access to a legal document click on the links contained here.
This Article has been viewed 602 times. (Not updated in real-time.)
No comments yet.
We want your comments! If you can read this, you don't have javascript enabled, so you can't use this comment system. Please enable javascript.