verdict là gì

From Wikipedia, the không tính tiền encyclopedia

In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to tướng the jury by a judge.^[1] In a bench trial, the judge's decision near the kết thúc of the trial is simply referred to tướng as a finding.^[2] In England and Wales, a coroner's findings used to tướng be called verdicts but are, since 2009, called conclusions (see Coroner § Conclusions (previously called verdicts)).

Bạn đang xem: verdict là gì

Etymology[edit]

The term "verdict", from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver ("true", from the Latin vērus) and dit ("speech", from the Latin dictum, the neuter past participle of dīcere, to tướng say).

Criminal law[edit]

In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts.

A verdict of guilty in a criminal case is generally requires evidence to tướng be tested and true beyond reasonable doubt^[3] and is normally followed by a judgment of conviction rendered by judge, which in turn be followed by sentencing.

In U.S. legal nomenclature, the verdict is the finding of the jury on the questions of fact submitted to tướng it. Once the court (the judge) receives the verdict, the judge enters judgment on the verdict. The judgment of the court is the final order in the case. If the defendant is found guilty, they can choose to tướng appeal the case to tướng the local Court of Appeals.

Compromise verdict[edit]

A compromise verdict is a "verdict which is reached only by the surrender of conscientious convictions upon one material issue by some jurors in return for a relinquishment by others of their lượt thích settled opinion upon another issue and the result is one which does not command the approval of the whole panel", and, as such, is not permitted.^[4]

Directed verdict[edit]

In a jury trial, a directed verdict is an order from the presiding judge to tướng the jury to tướng return a particular verdict. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to tướng the contrary. After a directed verdict, there is no longer any need for the jury to tướng decide the case.

A judge may order a directed verdict as to tướng an entire case or only to tướng certain issues.

In a criminal case in the United States, once the prosecution has closed its case, the defendant may move for a directed verdict.^[5] If granted, the verdict will be "not guilty".^[5] The prosecution may never seek a directed verdict of guilty, as the defendant has a constitutional right to tướng present a defense and rebut the prosecution's case and have a jury determine guilt or innocence (where a defendant has waived his/her right to tướng a jury trial and allowed the judge to tướng render the verdict, this still applies).

Xem thêm: since là gì

In the American legal system, the concept of directed verdict has largely been replaced by judgment as a matter of law.

General verdict[edit]

A general verdict is one in which the jury makes a complete finding and single conclusion on all issues presented to tướng it. First, the jury finds the facts, as proved by the evidence, then it applies the law as instructed by the court, and finally it returns a verdict in one conclusion that settles the case. Such verdict is reported as follows:

"We the Jury find the issues for the plaintiff (or defendant, as the case may be) and assess his damages at one hundred thousand dollars."

Sealed verdict[edit]

A sealed verdict is a verdict put into a sealed envelope when there is a delay in announcing the result, such as waiting for the judge, the parties and the attorneys to tướng come back to tướng court. The verdict is kept in the sealed envelope until court reconvenes and then handed to tướng the judge.^[6] This practice is virtually the mặc định in many U.S. jurisdictions or may be the preference of the judge involved.

Special verdict[edit]

In English law, a special verdict is a verdict by a jury that makes specific factual conclusions rather phàn nàn (or in addition to) the jury's declaration of guilt or liability. For example, jurors may write down a specific monetary amount of damages, or a finding of proportionality, in addition to tướng the jury's ultimate finding of liability. A special jury verdict size may be used to tướng have the jury answer directed questions as to tướng the required elements for a cause of action or special issues, and to tướng demarcate monetary awards of damages by economic and non-economic damages, beneficiary and/or specific categories of damages (lost earning capacity, funeral expenses, loss of consortium, pain and suffering, etc.).^[7] In the words of William Blackstone, "The jury state the naked facts, as they find them to tướng be proved, and pray the advice of the court thereon".^[8] Special verdicts are intended to tướng focus the jury's attention on the important questions at hand.^[9]

The judge forced a special verdict in the famous 1884 case of R v. Dudley and Stephens, which established a precedent that necessity is not a defence to tướng a charge of murder, but generally it is recommended that such verdicts should only be returned in the most exceptional cases.^[10][11]

The jury has a historic function of tempering rules of law by common sense brought to tướng bear upon the facts of a specific case. For this reason Justices Black and Douglas indicated their disapproval of special verdicts even in civil cases.^[12]

Xem thêm: thriving là gì

See also[edit]

• Virtual jury research

References[edit]

External links[edit]

Chisholm, Hugh, ed. (1911). "Verdict" . Encyclopædia Britannica (11th ed.). Cambridge University Press.