Texas Reasonable Doubt by Single Juror
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FAQ
When this happens, the court declares a mistrial, which is often referred to as a ?hung jury.? When a hung jury is the result in your case, what happens next? You would think since the prosecution could not prove you guilty, the charges should be dismissed. Unfortunately, that is not the law in California.
Article 38.23 reads: (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
A hung jury is when the members of a jury are unable to reach a unanimous decision on whether or not the accused party is guilty beyond reasonable doubt. This occurs when there are opposing opinions among the jurors regarding the outcome of the case.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.
The standard of proof in a Canadian criminal trial is proof beyond a reasonable doubt. This means that the judge or jury must be satisfied beyond a reasonable doubt that the defendant is guilty. The Crown has the burden of proof.
To return a valid verdict in criminal trials, jurors must reach a unanimous verdict. In civil trials, agreement of just five sixths of the jurors is sufficient to reach a valid verdict.
In order to convict the defendant, these elements of a crime must then be proven in a court of law beyond a reasonable doubt. Most crimes require that three essential elements be present: a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements.
