Petit (Trial) Jury - Coursework Example

Petit (Trial) Jury PETIT (TRIAL) JURY Sentence Definition A petit jury consists of a group of citizens chosen from a district that is used to question facts in a case. It tests the accusation’s accuracy via standards of proof. They are supervised by the trial judge who gives direction on the evidence to be viewed and the applicable laws, sometimes even directing the verdict. Historically, they consist of twelve members. Expanded Definition for first year student Defendants are guaranteed jury trials by the Sixth Amendment.

The jury sitting in a case is technically referred to as a petit jury, with petit meaning inconsequential, small, or minor (Tomlins, 2008). The term is used to distinguish it from a grand jury. 1. Comparison with a Grand Jury A grand jury is normally constituted to make considerations on whether there exists sufficient evidence for the defendant to face trial. The Fifth Amendment guarantees the right of the defendant not to be answerable to any infamous crime without a grand jury indictment (Tomlins, 2008).

A petit jury, on the other hand, is guaranteed by the Sixth Amendment, which grants the defendant the right to be tried publicly and speedily by an impartial jury. 2. Dynamics of a Petit Jury This jury considers the evidence from the petitioner and the respondent, takes instructions from the judge, and retires to deliberate and consider the best verdict. The verdict can be unanimous or not depending on the type of case. If it does not come up with a verdict, it is referred to as a hung jury (Tomlins, 2008).

Expanded Definition for Lay Person A petit jury is made up of six to twelve jurors. Its role in a civil case is to listen to all the evidence, which are presented in a trial and then decide whether the defendant injured the plaintiff or if they did not fulfill a duty that is legally their responsibility. The jury also determines the penalty or compensation which the defendant should honor if found guilty. If the case is a criminal one, they must decide on whether the defendant was, in fact, complicit in the crime he or she was accused of committing.

In these cases, the judge usually sets the sentence. Verdicts relayed by petit juries in both criminal and civil cases must be unanimous (Viner, 2001). However, the parties that make up the civil case may be in agreement to a verdict that is non-unanimous. A petit jury conducts its deliberations in private without the presence witnesses, litigants, and the judge. 1. Weighing the Evidence The evidence weighed by the jurors includes facts that are required for acceptance by the court, facts that the council agrees on, exhibits, and witness testimony (Viner, 2001).

While the judge admits evidence into the trial for the petit jury to consider, the petit jury is responsible for making decisions on what should be believed. It is not their business to speculate on what the reasons for the judge overruling, explaining, or sustaining an objection. The jury is required to apply truthfulness tests as in everyday life. 2. Conduct The jurors are required not to talk among themselves as the case is being tried (Viner, 2001). They are also not to communicate with any other person in the courtroom or outside of it.

It is important to retain impartiality and, thus, they must not mingle with counsel, parties, or witnesses and are required to report to the judge if any of the parties with interest in the case approaches them. 3. Summary Explanation The definition strategies used for expanded definition for first year students were differences to grand juries and the dynamics of the jury’s working. It uses technical terms which students should become familiar with as they proceed in the course. Definition strategies utilized in the expanded definition for the layperson included the petit jury’s code of conduct and weighing evidence.

This part does not use many technical terms. References Tomlins T. E. (2008). The Law-dictionary: explaining the rise, progress and present state of the British law: defining and interpreting the terms or words of art, and comrising also copious information on the subjects of trade and governmen. Manassas, VA: Payne. Viner C. (2001). A general abridgement of law and equity. London: G.G.J. & J. Robinson.