North Carolina Competence - Form of Verdict
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How to fill out Competence - Form Of Verdict?
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FAQ
The U.S. Constitution authorizes the civil jury to decide facts without reexamination by any court. However, there are situations where a judge can overturn the jury's verdict as a matter of law. The judge has the power to ensure the jury trial and the outcome are fair and impartial.
Under Georgia law, verdicts are ?repugnant? when a jury finds a defendant ?not guilty on one count and guilty on another,? and in doing so makes ?affirmative findings shown on the record that cannot logically or legally exist at the same time.? Pet. App.
A legally inconsistent verdict is a verdict that is defective because of contradictory conclusions. The jury might find the same element to exist and not to exist - or the defendant might be acquitted of one crime, but convicted of a second crime that depends on the commission of the first.
Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
Nevertheless, most courts, seemingly unaware of the presence of divergent policy considerations, apply a single rule to all types of inconsistent verdicts. ' Thus, federal courts and some state courts uphold inconsistent verdicts in every case.
When it is time to count votes, it is the presiding juror's duty to see that this is done properly. 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.
North Carolina is one of 48 states that also requires that any jury verdict be unanimous. Only Louisiana and Oregon allow convictions by a non-unanimous vote (but only for crimes not punishable by the death penalty).
