Jury trials were instituted in the Massachusetts Bay Colony in 1628 because King James of England declared that certain crimes in the colonies should be tried by jurors. In early civil trials, the parties could choose a jury or trial by mutual agreement. Criminal defendants could also choose a jury trial or trial. In the late 1600s, several colonies held jury trials, but jury trials were not available to many citizens. A particular type of witness is an expert witness. Normally, a witness can only testify from what he or she saw, heard or otherwise observed. An expert witness may, if duly qualified, give his opinion on the subject matter of his expertise. Experts are consulted if the subject matter of the witness` testimony is not within the general knowledge or experience of the jury. Expert testimony is often extremely important in court proceedings.
For example, in a criminal case in which the defendant invokes the senseless defence, the experts` opinions on whether the defendant was mentally ill at the time of the crime will most likely determine the outcome of the trial. During the revolutionary period, many documents emphasized the importance of jury trials. The settlers feared that they would not have a fair trial before a judge usually appointed by the king or his representatives. The first continental congress declared in 1774 that settlers were entitled to the “great and priceless privilege of being judged by their colleagues at Vicinage.” The Declaration of Cause and Necessity and Taking Up of Arms of 1775 explicitly stated the withdrawal of jury trials to justify violent resistance to English rule. The Declaration of Independence noted that many settlers were not allowed to be tried by jury. A written and textual record of what was said, either in a proceeding such as a trial or during another formal conversation, such as a hearing or oral statement. Jury The jury is a group of citizens responsible for establishing the facts and rendering a verdict based on the evidence presented at trial. The jury renders a verdict by applying the facts to the law, which is explained to the jury by the judge. The jury is chosen from among the men and women of the community where the trial takes place. The number of jurors required for trial is determined by law or court order. Criminal trials typically require 12 jurors, while civil trials typically use six-member jurors. In addition, alternate jurors are selected in the event that an ordinary jury can no longer sit during the trial.
Longer trials require more alternative jurors. The jury sits in the jury box and observes all the evidence presented during the trial. Once the evidence has been presented, the judge informs the jury of the law, and the jury then begins deliberations, after which it renders a verdict based on the evidence and the judge`s instructions on the law. In civil trials, the jury decides whether the defendant is liable for the damages alleged by the plaintiff. In criminal trials, the jury decides the guilt of the accused. In addition to witnesses, evidence is the other main form of evidence in a trial. The four main types of exhibits are real objects (guns, blood, machines), demonstration objects (diagrams, models, maps), writings (contracts, promissory notes, cheques, letters) and documents (private and public business documents). Before evidence can be admitted into evidence in a proceeding, the basis for its admissibility must be established. To create a foundation, the party offering the exhibition only has to establish that the object is what it claims to be. Evidence may be based on testimony or other methods.
As with testimony, the admissibility of evidence is governed by the rules of evidence and is left to the discretion of the trial judge. Instructions to the jury Once the lawyers have completed their closing arguments, the judge instructs the jury on the law applicable to the case. In most jurisdictions, the judge will read the instructions and give written instructions to the jury. Some jurisdictions only read instructions.