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Why might a defendant waive that right and opt for a bench trial?
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A defendant has the right to be judged by which of these?
In a jury trial - by a jury of his peers. If the defendant choses a Bench Trial then he will be judged by the Judge.
When do you have a trial by judge?
In most cases, you have the right to a trial by jury, but this is not a requirement. In a criminal case, if the defendant opts to have a bench trial, there will be no jury. In a civil case, if neither party requests a jury, it will be a bench trial.
What trial has no jury?
A trial that has no jury is called a bench trial. A defendant may choose to waive his right to a jury trial and have his case heard and decided by a judge only. See the link below for a simple description of this type of trial.
Can a bench warrant be issued prior to trial?
Yes. Bench warrants are normally issued when the defendant does not appear for a court date, be it arraignment, trial, motions hearings, etc.
Does a magistrate have authority to dismiss charges against an accused?
If a defendant is eligible for a bench trial or trial by judge, the magistrate then has the authority to dismiss charges against the accused if evidence warrants it. If the defendant issues a written statement that he or she wishes to forgo a jury trial, the government agrees and the court approves, a bench trial can convene.
What isBench warrant issued hearing trial vacate?
A bench warrant is issued because of the non-appearance of the defendant then - obviously, without a defendant, the hearing/trial date is "vacated" (cancelled).
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.
Which of the required all criminal cases to be tried in front of a jury?
No. A jury is not required for all criminal cases. A defendant can plead guilty or no contest and simply appear before a judge. A defendant can also wave his right to a jury trial and have the trial in front of a judge. A defendant simply has the right to a jury trial in most criminal cases in The United States. There may be a few misdemeanor cases where the penalty is small fine where he is not entitled to a jury trial.
What is the best thing to do in murder trials jury or no jury?
It's sometimes thought that a "bench trial" is a better choice if the case is overly technical, or if there are circumstances to the case that might make a jury unsympathetic to the defendant.
What procedure did the US Supreme Court suggest might be used against an unruly defendant during a trial proceeding and in what decision was the procedure suggested?
Illinois v. Allen :: 397 U.S. 337 (1970) It basically means a defendant has a right to be present during a trial, as per Constitutional rights, unless the defendant is disruptive. Then, the person can be removed and the trial go on without the person there.
What is the corresponding responsibility to the right to a fair trial?
Question is unclear . . . If the defendant/plaintiff is guranteed the "right to a fair trial," then the defendant/plaintiff's corresponding responsibility would seem to be, to tell the truth in all matters pertaining to the trial. We all know how likely THAT is to happen.
Who has role in a trial being conducted in a general criminal trial courts?
In a general criminal trial court, the key roles include the judge who presides over the trial and ensures that proper legal procedures are followed, the prosecution (usually a district attorney or government attorney) who presents the evidence against the defendant, the defense attorney who represents the accused, the defendant who is the person accused of committing the crime, and the jury (unless the trial is a bench trial) who listens to the evidence and decides the verdict.
