He quotes the public apologies of the men on the jury and one of the judges.

From the beginning of the republic and in the majority of civil cases towards the end of the empire, there were tribunals with the characteristics of the jury, the Roman judges being civilian, lay and not professional.

The Magna Carta being forgotten after a succession of benevolent reigns ( or, more probably, reigns limited by the jury and the barons, and only under the rule of laws that the juries and barons found acceptable ), the kings, through the royal judges, began to extend their control over the jury and the kingdom.

Typically, the jury only judges guilt or a verdict of not guilty, but the actual penalty is set by the judge.

* In France and some countries organized in the same fashion, the jury and several professional judges sit together to determine guilt first.

The defendant could freely choose whether to have a jury or trial by judges, and the decisions of the jury were non-binding.

The Gerichtsverfassungsgesetz ( GVG ) of 27 January 1877 provided that the ( jury court ) would consist of three judges and twelve jurymen, alongside the mixed court, with the jury court reserved for serious crimes except political crimes.

The Emminger Reform by Justice Minister Erich Emminger ( BVP ) abolished the jury in the German and replaced it with a mixed system of 3 professional judges and 6 lay judges, but kept the original name.

For certain terrorist and organised crime offences the Director of Public Prosecutions may issue a certificate that the accused be tried by the Special Criminal Court composed of three judges instead of a jury, one from the District Court, Circuit Court and High Court.

The judges have no say in the jury deliberations, but jury-instructions are given by the chief-judge ( lagmann ) in each case to the jury before deliberations.

This court ( lagmannsretten ) is administered by a three-judge panel ( usually 1 lagmann and 2 lagdommere ), and if 7 or more jury members want to convict, the sentence is set in a separate proceeding, consisting of the three judges and the jury foreman ( lagrettens ordfører ) and three other members of the jury chosen by ballot.

Because the unified Swiss Code of Criminal Procedure ( set to enter into force in 2011 ) does not provide for jury trials or lay judges, however, they are likely to be abolished in the near future.

English common law and the United States Constitution recognize the right to a jury trial to be a fundamental civil liberty or civil right that allows the accused to choose whether to be judged by judges or a jury.

One of the shrewdest moves by which the English judges pushed their plan of making a common law was by limiting the verdict of the jury in every case to questions of fact.

The jury found that the facts submitted by Millar were accurate, and asked the judges to clarify whether common law copyright existed.

Nevertheless, having found the statute to be constitutional, the court set aside the conviction on appeal because of a legal technicality: the jury should have decided the fine, not the judge, since under the state constitution, Tennessee judges could not at that time set fines above $ 50, and the Butler Act specified a minimum fine of $ 100.

Implementation of Georgia's automobile title law was also recommended by the outgoing jury.

The jury also commented on the Fulton ordinary's court which has been under fire for its practices in the appointment of appraisers, guardians and administrators and the awarding of fees and compensation.

The rules of evidence are also developed based upon the system of objections of adversaries and on what basis it may tend to prejudice the trier of fact which may be the judge or the jury.

The minimum age for jurors was also raised to 25 in order to ensure a more experienced jury pool.

Acquittal because of tainting ( threatening of witnesses, jury tampering, or perjury ) would also allow retrial.

" There may also be an exception for judicial bribery, but not jury bribery.

More significantly, the jury also found that the leading anti-cult group known as the Cult Awareness Network was a co-conspirator in the crime and fined CAN $ 1, 000, 000 in punitive damages, forcing the group into bankruptcy.

A grand jury is so named because it has a greater number of jurors than a trial jury ( also known as a petit jury, from the French for small ).

The coroner can also call a jury at her or his own discretion.

" Jury instructions can also serve an important role in guiding the jury how to consider certain evidence.

Henry II also introduced what is now known as the " grand jury " through his Assize of Clarendon.

Alexis de Tocqueville also claimed that jury trials educate citizens about self-government.

Many also believe that a jury is likely to provide a more sympathetic hearing, or a fairer one, to a party who is not part of the governmentor other establishment interestthan would representatives of the state.

Most states ' constitutions also grant the right of trial by jury in lesser criminal matters, though most have abrogated that right in offenses punishable by fine only.

The Cannes Film Festival Ecumenical Jury, which gives prizes for movies that promote spiritual, humanist and universal values, also " honoured " the film with a special " anti-award "; a spokesman for the jury described it as " the most misogynist movie from the self-proclaimed biggest director in the world.

He also warned the jury not to judge the merit of the law ( which would become the focus of the trial ) but on the violation of the act, which he called a ' high misdemeanor.

Comparative negligence has also been criticized, since it would allow a plaintiff who is recklessly 95 % negligent to recover 5 % of the damages from the defendant, and often more when a jury is feeling sympathetic.

The right to confront and cross-examine witnesses also applies to physical evidence ; the prosecution must present physical evidence to the jury, providing the defense ample opportunity to cross-examine its validity and meaning.

The Re-Examination Clause applies not only to federal courts, but also to " a case tried before a jury in a state court and brought to the Supreme Court on appeal.

The judge must also ensure that the jury does not confuse the ' match probability ' ( the probability that a person that is chosen at random has a matching DNA profile to the sample from the scene ) with the ' likelihood ratio ' ( the probability that a person with matching DNA committed the crime ).

The testimonial concept can also be traced to Normandy before 1066, when a jury of nobles was established to decide land disputes.

The Act stipulated that the list of all those liable for jury service was to be posted in each parish and that jury panels would be selected by lot, also known as sortition, from these lists.

Sotomayor noted that events such as Juror 8 entering a similar knife into the proceeding, doing outside research into the case matter in the first place, and ultimately the jury as a whole making broad, wide ranging assumptions far beyond the scope of reasonable doubt ( such as the inferences regarding the " Old Woman " wearing glasses ) would never be allowed to occur in a real life jury situation, and would in fact have yielded a mistrial.

He noted that the same prosecutor seeking Al-Arian ’ s grand jury testimony at the time had signed the subpoena.

During the second appeal, the court noted that Meadow's calculations were subject to a number of qualifications, but " none of these qualifications were referred to by Professor Meadow in his evidence to the jury and thus it was the headline figures of 1 in 73 million that would be uppermost in the jury's minds ".

He noted that the Court had inspected the jury rolls, chastising Judge Callahan and the Alabama Supreme Court for accepting assertions that black citizens had not been excluded.

In assessing why Nichols was not convicted of first degree murder, the Washington Post noted: Another theory is that some members of the jury believed Nichols's attorneys ' arguments that he had withdrawn from the conspiracy before the bombing.

The grand jury also wrote a report, intended for the public's consumption per their charter, lambasting the conduct of DOE and Rocky Flats contractors for " engaging in a continuing campaign of distraction, deception and dishonesty " and noted that Rocky Flats, for many years, had discharged pollutants, hazardous materials and radioactive matter into nearby creeks and Broomfield's and Westminster's water supplies.

In the decision, the grand jury noted many problems with Brawley's story.

However, the Appeal Judges noted that in the light of Vincent Hickey's confessions to being present at the farm where Bridgewater was shot dead " we consider that there remains evidence on which a reasonable jury properly directed could convict.

Joel Parker, a professor at Harvard Law School and former Chief Justice of New Hampshire, 1838 to 1848, noted that “ the trial, in the course of its progress, was a cause of extreme excitement, extending through the whole length and breadth of the land, and reaching even into foreign countries .” On March 30, after the defense ’ s closing remarks were concluded, after the prosecution ’ s closing remarks lasting nearly five hours and after a brief un-sworn statement by the defendant himself, Chief Justice Shaw delivered a three hours long charge to the jury.

In praising the design of the work, the jury noted the process that led to the creation of the gardens, as well as its inclusiveness in terms of the population it serves and its neighborhood: " The mixed-use development enables cultural, social justice, and economic development agendas to coexist within a network of collaborative management practices.

Justice White noted that the right to a jury trial for criminal offenses is a deeply enshrined value in both the British and American legal traditions.

The question for the court was whether an offense subject to two years imprisonment is a “ serious offense .” The majority noted that at the time of ratification, crimes punishable by more than six months imprisonment were typically subject to jury trial.

The Appeal Court judges noted that the original trial judge did not direct the jury as to what to do if they did not wish to use Bayes ' theorem and ordered a retrial.

The New York Times noted in her obituary, published on July 9, 2008: " That day 23, in an unexpected response to a suit by historians, the federal government agreed to release secret grand jury testimony, 57 years after Julius and Ethel Rosenberg were convicted of conspiracy to commit espionage.

Brabin also noted, however, that the uncertainty involved in the case would have prevented a jury from being satisfied beyond reasonable doubt of Evans ' guilt had he been re-tried.

Cooley noted that the not guilty verdict came despite two witness accounts of Blake's guilt, and claimed that the jury members were " incredibly stupid ".