Deliberation

Deliberation is a process of thoughtfully weighing options, usually prior to voting. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialog. Group decisions are generally made after deliberation through a vote of those involved. In "deliberative democracy" the aim is for both elected officials and the general public to use deliberation rather than power-struggle as the basis for their vote.

In criminal matters, deliberation can involve both rendering a verdict and determining the appropriate sentence. In civil cases, the decision is whether to agree with the plaintiff or the defendant and the amount and nature of the results of the trial. Typically, a jury must come to a unanimous decision before delivering a verdict; however, there are exceptions. When a unanimous decision is not reached and the jury feels that one is not possible, they declare themselves a 'hung jury', a mistrial is declared and the trial will have to be redone at the discretion of the plaintiff.

One of the most famous dramatic examples of this phase of a trial in practice is the film 12 Angry Men.

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