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Explain What Level Of Proof Is Required In A Criminal Trial

Decent Essays

1. What level of proof is required in a criminal trial? How does that differ in a civil trial?
a. The level of proof required in a criminal trial is: “proof beyond a reasonable doubt (Fifth and Fourteenth Amendments’ Due Process Clauses).” (Garland 17) Meaning that if the judge has no doubt on the defendant's guilt based on the evidence provided he will be sentenced as guilty. On the other hand, in a civil trial, all that is needed is proof by a “preponderance of the evidence,” which means that one side of the case has more proof than the other resulting in a small margin of difference between the case verdict.
2. How many jurors must there be in a California criminal case? How many must agree to sustain a conviction?
a. In the state of California …show more content…

List six qualifications for a juror. (Garland 32)

i. Is a citizen of the United States; ii. Is a resident of the state; iii. Is at least 18 years of age; iv. Is of sound mind;
v. Is in possession of the person’s natural faculties; and vi. Is able to read or speak the English language.

4. What is voir dire and jury nullification?
a. Voir dire- A process in which jurors are questioned in order to select the members of the final panel. Another definition given by Garland is “roughly it means “to speak the truth.”
(Garland 32)

b. Jury Nullification- Is when a jury reaches a verdict that is opposing to that of all the evidence presented.
5. What is the difference between a jury trial and a bench trial? Who determines which it will be?
a. A bench trial takes place in front of a judge and there are no jurors (jury) present. On the other hand, a jury trial is when members of the public act as jurors and provide their feedback to the judge once they hear the evidence provided. The prosecuting attorney needs to agree to a trial without jurors present. Once it is agreed the judge will commence the case without a jury present. A defendant also has the right to waive a jury, however it is only allowed in some

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