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8. General
principles of the Jury
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Article 46-General
principles of the Jury
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| 46.1 |
General principles of the
Jury |
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A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law. |
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| 46.2 |
Trial by jury is a right of all accused persons |
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A trial by jury is a right of all accused persons, and/or entites whether in matters of civil or criminal law, excluding Level 1 and 2 criminal or civil offences. In Level 1 and 2 offences, accused only have right of a hearing before a magistrate or judge. |
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| 46.3 |
Jury are judges of facts |
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The jury, in all cases, is the exclusive judge of the facts proved, and of the weight to be given to the testimony, except where it is provided by law that proof of any particular fact is to be taken as either conclusive or presumptive proof of the existence of another fact, or where the law directs that a certain degree of weight is to be attached to a certain species of evidence. |
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| 46.4 |
A trial by jury means automatic forfeit of absolution sentence options |
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When an accused chooses a trial by jury, they automatically forfeit any absolution sentence options. This cannot be changed, challenged in anyway after the fact of the accused opting for a trial or hearing. |
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This means that under a trial by jury, any guilty verdict means only sentence limits set down for penitance may be permitted to be selected for the particular offence to which they were convicted. |
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A judge or jury who ignores these instructions shall be in contempt of justice. |
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