<P> In the cases Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines . This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone . Depending upon the state, a jury must be unanimous for either a guilty or not guilty decision . A hung jury results in the defendants release, however charges against the defendant are not dropped and can be reinstated if the state so chooses . </P> <P> Jurors in some states are selected through voter registration and drivers' license lists . A form is sent to prospective jurors to pre-qualify them by asking the recipient to answer questions about citizenship, disabilities, ability to understand the English language, and whether they have any conditions that would excuse them from being a juror . If they are deemed qualified, a summons is issued . </P> <P> English common law and the United States Constitution recognize the right to a jury trial to be a fundamental civil liberty or civil right that allows the accused to choose whether to be judged by judges or a jury . </P> <P> In the United States, it is understood that juries usually weigh the evidence and testimony to determine questions of fact, while judges usually rule on questions of law, although the dissenting justices in the Supreme Court case Sparf et al. v. U.S. 156 U.S. 51 (1895), generally considered the pivotal case concerning the rights and powers of the jury, declared: "It is our deep and settled conviction, confirmed by a re-examination of the authorities that the jury, upon the general issue of guilty or not guilty in a criminal case, have the right, as well as the power, to decide, according to their own judgment and consciences, all questions, whether of law or of fact, involved in that issue ." Jury determination of questions of law, sometimes called jury nullification, cannot be overturned by a judge if doing so would violate legal protections against double jeopardy . Although a judge can throw out a guilty verdict if it was not supported by the evidence, a jurist has no authority to override a verdict that favors a defendant . </P>

When is a jury used in civil cases
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