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A judge will evaluate competency on a case-by-case basis, usually with the assistance of psychologists. They have the authority to order that a defendant take medication to address a condition if this would make them competent. A judge will need to determine competency early in the process, as soon as it is raised.
In a criminal case, the unanimous agreement of all 12 jurors is required. About the Trial Process - Jury Service - California Courts California Courts (.gov) ? ... California Courts (.gov) ? ...
Stat. § 22-3302. Section 22-3302 - Proceedings to determine competency (a) At any time after the defendant has been charged with a crime and before pronouncement of sentence, the defendant, the defendant's counsel or the prosecuting attorney may request a determination of the defendant's competency to stand trial.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
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.
The expectation that a jury consists of 12 members dated back to the 1300s, but the Court found that to be a "historical accident." Concluding that a six-person jury could fulfill the framers' expectations concerning a jury's functions just as well as a 12-person jury, the Court rejected its prior words on the subject ... Jury Size and Unanimity under the 6th and 14th Amendments UMKC School of Law ? projects ? ftrials ? conlaw ? jur... UMKC School of Law ? projects ? ftrials ? conlaw ? jur...
In civil cases in California, three quarters of the jurors must agree in order for the jury to render a verdict. This contrasts with criminal cases, which require a unanimous verdict. Juries in Personal Injury Trials | San Jose Accident Lawyers cmalaw.net ? juries-in-personal-injury-trials cmalaw.net ? juries-in-personal-injury-trials
In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. What is a Hung Jury? - Rose Legal Services roselegalservices.com ? what-is-a-hung-jury roselegalservices.com ? what-is-a-hung-jury