Highest Rated Comments


karkovice1250 karma

It usually means a jury but can be a judge if it is a bench trial, or in some places even a panel.

The term simply is talking about whatever body was assembled to asses the facts of the case and deliver a verdict.

karkovice175 karma

Just out of curiosity, do you know what reasoning was used to exclude the recording?

It doesn't seem like it would be heresay since it was the 911 call by the main suspect, with the victim possibly being heard in the background.

I would think that a 911 call involving the principals of the case would be pretty important piece of evidence to help the trier of fact reach a conclusion.

karkovice124 karma

No problem. One thing that may be helpful as well is the differentiation of trying the facts of a case and the application of the law.

It varies by court and jurisdiction but sometimes juries will give a verdict in a case and determine what they believe the facts show, but won't have any say in the sentencing or damages that come as a result of their verdict.

So the "trier of fact" really is just there to determine what they believe actually happened and not necessarily what the punishment or remedy should be. Hope this helps.