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What are reasons to not have or to request a jury for trial?
Valaragorn
Parties in a trial may agree to have a non-jury trial but in the event that this is not the case, parties may exercise their constitutional right to a jury (where such a right exists). But whether or not a jury trial is beneficial or even logical must first be considered before deciding to request a jury for trial. Let us look at some relevant factors: i) Technical Issues: Where the issue is a highly technical one or the facts of the case are such that a large amount of technical knowledge is required to understand the case well, a jury may prove detrimental. If it's a case related to technology or some highly specialized medical or scientific issues are in question, then both parties may desire to settle it amongst them-selves or with a non-jury trial. Certain cases may be such that almost all evidence will be by specialized experts who may not be understood by jurors thus leading to incorrect findings by juries. There are a greater number of retired people and housewives in the jury pool and a great absence of businesspeople and professionals who would have been better for technical or business cases. ii) Judges' tendencies: Where the judge's tendencies are known in a case and a party knows that the probability of the judge deciding against him are high, the party may feel that it would be better for them to "put their fate" in a jury. Where the most probable outcome with a particular judge, is unfavorable, a jury trial may be an option to be considered most strongly as in this event at least, the chances may be even again. iii) Juries biases or prejudices: There are certain aspects to be considered when deciding on whether or not to opt for a jury. So far as a plaintiff is concerned, if there are against a big corporation, a jury trial may go in their favor as juries tend to side with the "little guy". Also many statistics indicate that juries are biased against CEOs of companies in the aspect that they consider CEOs as being highly likely to cover up wrong doings of their companies. Statistics also indicate that defendants who are tobacco or gun companies are at a disadvantage when it comes to a jury trial. Thus, only after taking into consideration the various aspects of the case, should a party decide on whether or not to request a jury for trial.
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Is it true In most states if neither party requests a jury there will be no jury trial?
true, they can request the judge to decide, in small claims you have to request a jury
what are two reasons why people might support trial jury?
There are two reasons on why people might support trial by jury. The jury is needed for trials because if if the jury is not convinced with the case then there is no more case if they are convinced then it is a win win case.
Describe the procedures leading to bench and jury trials?
The defendant can request a trial held only in front of a judge (bench trial) or trial held in front of a jury (jury trial). In some cases (capital crimes) the option is not offered and a trial by jury is mandatory.
What do you have to do in order to get a jury trial in North Carolina?
Request one.
What amendment gives the right to a jury trial in civil cases that exceed a certain amount of money?
If the claim is over $1500, the Defendant may request a jury trial. If such a request is filed, the parties will be notified when the case is transferred to the county Superior Court for trial by jury.
Does it have to be a jury trial if it goes to court?
Not necessarily, you can request a bench trial (without jury) if you wish, although in the case of more serious crimes the judge will probably advise against it, and in the case of capital offenses, a jury trial may be mandatory.
When do you need a grand jury?
YOU (individually) don't NEED and can't request, a Grand Jury. Grand Juries are convened at the direction of the government, not at the request of the defendant. A grand jury decides if there is enough evidence to stand trial.
Can a party Request a judge instead of jury?
Yes a party can waive the right to a jury trial and let the judge make the decision. In many states, in civil cases, you must request a jury in your initial pleading or you automatically waive your right to a jury.
What does it mean when a court case status is Jury trial prayed?
Jury Trial Prayed basically means that the defendant has requested a jury trial. Any defendant that is charged with a felony has the constitutional right to request a jury trial. This can be done for many reasons. It is sometimes used as a delaying tactic by the defense. In some jurisdictions, there are certain criminal charges that may be heard by a judge only. If the defense comes before a judge who is known to be unfriendly or hand down harsh sentences in certain circumstances, the defense will sometimes ask for a jury trial (Pray Jury Trial) which will often mean a change of venue and a delay since there are logistical reasons why a jury cannot be seated on the spot. There are some small courtrooms without jury boxes and they obviously cannot handle jury cases. This has also been commonly used as a general delaying tactic to cause extra inconvenience for a victim and their witnesses.
Can you only get a change of venue if you are going to trial before a jury?
Yes. A request for a change of venue is only appropriate if it can be demonstrated to the court that the jury pool of the court is tainted (usually by publicity surrounding the case) and the defendant might not receive a fair trial by an impartial jury. If it is a bench trial, the most you could do is request that the judge recuse himself in favor of another judge.
What alternatives exist to trial by jury?
In certain cases you can request a trial in front of a judge only. This option is not available in the case of Capital Crimes.
Why is the trial by jury important?
Well see when someone is on trial they are questioned and the questions start to build up and it is up to the jury to make the decision. The two reasons are thatif the jury is not convinced with the case then there is no more case but if they are convinced then it is a win win for everybody.
