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12 Cards in this Set
- Front
- Back
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If the jury is to stop deliberating for a recess, the court must give the parties notice and an opportunity to be heard on the record outside the presence of the jury. How long may they be allowed to separate, not including Saturdays, Sundays, holidays? |
Not excess of 24 hours |
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What can a jury take with them for deliberations? |
1 any exhibits received into evidence, with courts discretion 2 a written list (verdict sheet) with offenses charged. 3a written list containing the names of every witness whose testimony was presented during trial (upon jury's request, with discretion of the court) |
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If the jury requests further information while deliberating, what must the court direct the jury to do. |
They must direct the jury to be returned to the courtroom and only after notice to the people as well as the counsel for defendant and in the presence of the defendant, the court must give such information or instructions as the court deems proper. |
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Where must jury deliberations take place? |
Outside the court room |
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Who renders and announces the verdict? |
The foreperson , unless the foreperson unable it refuses . Then the court designates another member |
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When must a deliberating jury be discharged by the court without rendering a verdict? |
1 the jury has deliberated for an extensive period of time and the court is satisfied it is unlikely a verdict will be reached 2 the court, defendant and people all consent to such discharge 3 a mistrial is declared. When the jury is so discharged, the defendant may be retried upon the indictment. The indictment is deemed to contain all counts which it contained at the start of trial. |
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If the jury is only able to reach a verdict as to some but not all the counts, or some but not all defendants the court must... |
Terminate deliberations and order the jury the jury to render such partial verdict as to those counts or defendants to whom it has reached a verdict. |
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If there is still a chance that the jury might still reach a complete verdict as to the defendants or counts it can do what 2 things? |
1 order the jury to render such partial verdict and continue deliberations as to what still needs to be determined. Or 2 refuse to accept such partial verdict and order the jury to resume deliberations upon the entire case. |
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After accepting a partial verdict, the defendant may be retried on any offense upon which the jury was unable to agree unless which two situations? |
1 a verdict of conviction would have been inconsistent with a verdict of conviction or acquittal with regard to any other offense Or 2 conviction upon the count and disagreement would be for such a similar offense as the count of equal or higher grade that guilt was determined, that a consecutive sentence could not be imposed |
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If a defendant is found guilty of a crime with which he is not criminally responsible due to infancy, and is found guilty or awaiting sentence or is in prison for another offense which he is guilty and responsible, then the verdict for the offense that he is not criminally responsible for is set aside and deemed what? |
It is set aside and deemed a nullity |
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Article 320 waiver of a non jury trial Except for what case, a defendant May at any time before trial, waive their right to a jury trial and consent to trial without a jury.? |
Except for murder in the first degree |
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A non jury trial of an indictment is conducted how? |
By one judge who is the exclusive trier of all issues of fact, determinations of law and must render a verdict ( cannot be a hung jury ) |
