Definition of Key Terms. BIFURCATED TRIAL. Due Process under the law refers to the conduct of legal proceedings that follow established rules and. In some criminal courts, courts may separate the trial into two separate parts which have separate factfinding missions. These are sometimes referred to as bifurcated. What is a Bifurcated Divorce. but reserves all remaining issues for trial at a. individuals allowed to re marry even though the property bifurcation process is. A common example of a bifurcated trial is one in which the question of liability in a personal injury case is tried separately from and prior to a trial on the amount of damages to be awarded if liability is found. Bifurcate Legal DefinitionWhat is the process of a death penalty trial A death penalty trial is a bifurcated trial that is one that has two parts. In the first part, the guild phase, the jury hears evidence about the crime and has to decide beyond a reasonable doubt that you committed murder and also they have to decide beyond a reasonable doubt that the murder you committed occurred under those circumstances for which the death penalty is possible. Not all murders are death penalty cases. The special circumstances are things like killing two people, or killing a policeman or a witness or poisoning someone. If you are convicted of murder and if the special circumstance is found to be true then you move on the the second phase, the penalty phase. In the penalty phase, the jury hears about your family life, your social history, your criminal record and anything else that may reflect on whether you should lose your life. Then the jury returns a verdict of either death or life in prison without possibility of parole. At the sentencing the judge can reverse the jurys sentence of death if he believes that the defendant should not lose his life, but he cannot go the other way and impose a death sentence if the jury did not do so. Then you go to prison to await execution.
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