2.17 Defendant's Previous Trial is an element of the criminal justice system which is used to determine the outcome of a criminal case. It is the process in which an alleged offender is brought to trial, with a prosecution team and a defense team presenting evidence to a jury or judge to determine the guilt or innocence of the defendant. This process includes the selection of a jury, the opening statements, the examination of witnesses, the presentation of evidence, and the closing statements. Depending on the jurisdiction, there may also be a sentencing phase which follows the verdict. Types of 2.17 Defendant's Previous Trial include jury trials, bench trials, and plea bargains.
2.17 Defendant's Previous Trial.
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US-JURY-9THCIR-2-17-CR
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
Whereas, in a civil trial, a party may prevail with as little as 51 percent probability (a preponderance), those legal authorities who venture to assign a numerical value to ?beyond a reasonable doubt? place it in the certainty range of 98 or 99 percent.
Proof beyond a reasonable doubt: This is the main burden of proof in criminal cases. To convict you of a crime, a prosecutor must prove your guilt beyond a reasonable doubt. This burden means the prosecution must show there is no other reasonable explanation for the evidence it presents at trial.
Under certain circumstances, relevant evidence will be inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative.
Under the Federal Rules of Evidence, a defendant's prior bad acts cannot be introduced into evidence in a criminal trial for the purpose of showing the defendant's propensity, or inclination, to commit the crime charged; such evidence may be admitted for other purposes, however, so long as its prejudicial value does
Federal Rule of Evidence 404(b) provides that prior act evidence ?is not admissible to prove the character of a person in order to show action in conformity therewith.? Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.
Apart from the Constitution, there is no limit on the number of retrials that is imposed by statute or rule. Federal Rule of Criminal Procedure 31(b)(3) provides: "Mistrial and retrial. If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts.
Evidence of prior similar crimes or bad acts is never admissible against a criminal defendant. The corpus delicti rule requires that circumstantial evidence be corroborated by direct evidence. The U.S. Supreme Court has held that trial judges must give juries a strict definition of proof beyond a reasonable doubt.
Such prior ?bad acts? are defined as taking place prior to trial, so they could take place after the arrest for the offense being tried, but before trial.