Who is responsible for deciding the factual issues in a criminal trial?

Q: Who is responsible for deciding the factual issues in a criminal trial?


A: The trier of fact, also referred to as the finder of fact, is responsible for deciding the factual issues in a criminal trial.

Q: What is meant by the term "finding of fact"?


A: The term "finding of fact" is used to refer to the determination made by the trier of fact in a criminal trial regarding the truth of the matter at hand.

Q: Who serves as the trier of fact in a jury trial?


A: In a jury trial, the jury serves as the trier of fact.

Q: Who serves as the trier of fact if there is no jury in a criminal trial?


A: If there is no jury in a criminal trial, the judge serves as the trier of fact.

Q: Who may serve as the trier of fact in other types of hearings?


A: In different types of hearings, the trier of fact may be an administrative law judge, a board, commission, or referee.

Q: What term has come into use more recently to refer to the trier of fact?


A: The term "finder of fact" has come into use more recently as a way to refer to the trier of fact.

Q: What happens after the trier of fact determines the truth of the matter in a criminal trial?


A: After the trier of fact determines what is assumed to be the truth of a matter, then legal rules are applied to those facts. The judge instructs the jury about the legal rules applying to the case, including what the findings may be.

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