Question: Does The Judge Have The Final Say?

Which is better jury or judge?

Jury trials tend to last longer than non-jury trials, thus raising legal costs.

Judges tend to be stricter on legal technicalities and procedures during a jury trial than a non-jury trial..

Do all 12 jurors have to agree?

All jurors should deliberate and vote on each issue to be decided in the case. … In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.

Can a judge dismiss a case?

If the grand jury or the judge do not find probable cause, then the charges must be dismissed. when prosecutors have very limited evidence against a defendant in a criminal case, they may conclude that they do not have enough evidence to move forward in the case and dismiss the charges on their own.

Do you say your honor in court?

How to address people in court. Call the Magistrate ‘Your Honour’, ‘Sir’ or ‘Madam’. Call others in the courtroom (such as lawyers and witnesses) by their title and surname; for example, Mrs Citizen. Be polite.

What will the judge ask me in divorce court?

If the answer is yes, the judge may also ask some of these questions: Please state the name(s) and date(s) of birth of your child(ren). … Is there any previous order—from any court anywhere—about the custody, visitation, or support of the child(ren)? Have you and your spouse agreed about custody of the child(ren)?

Can a jury overrule a judge?

In U.S. federal criminal cases, the term is “judgment of acquittal”. JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict.

What should you not say in court?

8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. … Anything angry. Keep your calm no matter what. … ‘They didn’t tell me … ‘ That’s not their problem. … Any expletives. You might get thrown in jail. … Any of these specific words. … Anything that’s an exaggeration. … Anything you can’t amend. … Any volunteered information.

Why you should never take a plea bargain?

In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you’re found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.

Who has the final say in court judge or jury?

In short, the jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge. Many states allow the lawyers to request that certain instructions be given, but the judge makes the final decisions about them.

What does the judge say at the end?

The Judge will now pass sentence of the verdict is GUILTY or release the Defendant if found NOT GUILTY. The Judge will then say, “This court is adjourned.” The Bailiff will say, “All rise”. When everybody is standing, the Judge will leave the bench.

Is it better to plead or go to trial?

Pleading guilty allows a criminal defendant to resolve a case more quickly and avoid the uncertainty of a trial. Juries can be unpredictable and more evidence may be uncovered by the prosecution; a guilty plea avoids this uncertainty. Trials can be very expensive.

Is it better to take a plea deal or go to trial?

If you believe you will be found guilty, or if there is irrefutable evidence against you, often a plea deal will offer you the best terms for your charge. However, if you are seeking acquittal of the crime, you must go to trial.

Does the judge decide if someone is guilty?

The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. … In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury.

What are five duties of the judge?

Judge Duties & ResponsibilitiesHear allegations of the prosecuting and defending parties.Listen to witness testimony.Rule on the admissibility of evidence.Inform defendants of their rights.Instruct the jury.Question witnesses.Rule on motions presented by counsel.More items…

Can you call Judge Sir?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma’am.”

Can a lawyer advise you to lie?

In NSW, that body is called the Law Society of New South Wales. The ethical standards do not prevent criminal lawyers from representing a client they know is guilty, but the lawyer will not be able to lie or knowingly mislead the court on their client’s behalf.

Can a judge overrule a sentence?

In United States jurisprudence, a judicial override is when a judge overrules a jury’s sentencing determination.

What do the judge say in court?

Judge tells everyone what the trial is about. He’ll say something like “Ladies and gentlemen of the jury, this is a criminal/civil?? case………….” Judge will then ask lawyers if they are ready to proceed.