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Instead, a jury of your peers means that the members of your jury are members of the community around you. They are representative of the area where you live. They might not be the same gender, race or religion. They may not be close to you in age.
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.
?Culpable negligence? is intentional conduct that the defendant may not have intended to be harmful, but that an ordinary and reasonably prudent person would recognize as involving a strong probability of injury to others.
A jury of one's peers today in the United States refers to the right to a trial by an impartial jury chosen from a cross-sec- tion of the community. The Sixth Amendment to the U.S. Constitution guarantees this right.
The prosecutor must prove, beyond a reasonable doubt, that the defendant did what he is accused of having done. To do this, the prosecutor will present evidence in the form of witness testimony, surveillance tapes, DNA evidence, and other items that are intended to show that the defendant is guilty.
Rumor has it that the concept of a defendant's right to a trial by a jury of his or her peers was first established by King John in 1215, when he signed the Magna Carta at Runnymede, England.
A good criminal defense lawyer will be able to educate the jury on what that reasonable doubt could be in that situation. For example: I could strongly believe that a particular person may have done something illegal. But just because I think or believe something, doesn't make it true.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
In a legal context, peer most often refers to anyone who is an adult citizen, such as in ?a jury of one's peers.? Generally, a jury of one's peers is a random selection of other citizens from a similar geographic location. These individuals do not necessarily share traits similar to a defendant's.
The purpose of this provision is to ensure that a jury's verdict is not tainted by biases that jurors may harbor before being presented with the evidence of the particular case. Readily recognized biases include gender, race, sexual orientation, nationality, etc.