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There can be no definite answer to this question. Suffice it to say, that the greater or more serious the offense, therefore the harsher the possible penalty, the better odds would tend to favor a jury trial.
Many attorneys advise their clients that, if they are actually innocent, they should choose trial by judge, because a judge is presumed to actually understand and take serious the principle of "beyond a reasonable doubt."
Likewise, judges are less likely to be confused or dazzled by effective advocacy, meaning they are less likely to acquit a guilty person. Jurors, however, are more likely to acquit a guilty defendant (than is a judge), and thus are a better choice for a defendant who is actually (or likely) guilty.
Overall, however, juries are more likely to convict a defendant, regardless of actual guilt.
There are two considerations in determining whether a judge or jury trial is required. Firstly, depending on the legal framework, a jury may not be an option for low-stakes trials. I don't know the US system that well, being Canadian, but I've heard a jail sentence of less than 6 months warrants a Judge trial exclusively. The exact answer will vary by country at least; you should be able to ask someone at your local courthouse what the requirements are in your region without having any legal consultation fees, particularly if it's actually something you need to be aware of.
Secondly, at least in Canada, the defendant may request a trial by judge instead of by jury. This might be advantageous if you have a complex technical defense (as the judge has a better understanding of the law than the jury) or if you are a particularly unlikable person (as the judge generally has more experience in discounting personal feelings in his analysis). Furthermore, people who are very widely known (like, say, if the mayor of the city is charged with a crime) might choose trial by judge in order to expedite the pre-trial process. (Finding a dozen people who don't have an opinion on the mayor of the city, for instance, might be difficult, and the jury has to arrive with no preconceived notions about the defendant).
A trial by jury means a jury is used to decide the outcome of a trial. A judge then acts on the decision made by the jury. The right to a trial by jury is guaranteed to US citizens under the Sixth Amendment of the Constitution.
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Is a bench trial for armed robbery better than a jury trial?
It depends on the case. If it is a case where the defendant is likable and there aren't many technical legal issues at hand, or the judge is fairly harsh, a jury trial would be better. If it is a case where legal technicalities are a big issue, or the judge is fairly defense friendly, or the defendant is particularly scary to the general public, you probably want a bench trial. You should discuss the pros and cons with your attorney. He/she will have a better grasp on the law at issue, the jury pool in the area, and the reputation of the judge.
Why do people need juries to hear their cases?
(in the US) you are entitled to have a jury of regular citizens hear your case rather than simply be judged by a judicial official. It is not necessary in ALL cases, to have a jury hear your case, you MAY request a bench trial if you wish. However in some capital cases you may not be granted a bench trial even if you request it, because of the consequences to you of a guilty verdict.
What do you think would have happened if jury number 8 wasn't on the trial in 12 angry men?
if jury number 8 wasnt on trial than, the boy that is on trial would probley be killed right now
What is the relationship of the right of trial by jury to the natural rights philosophy?
The principle of limited government is exemplified by the right to a trial by jury. The right of a trial by jury is the right to have your fate decided by fellow citizens rather than by a government employee.
Which jury that determines whether the defendant is guilty or not guilty?
At law, in a jury trial, the jury makes findings of factand the judge makes conclusions of law. In a bench trial, the judge makes both findings of fact and conclusions of law.To distinguish this type of jury from the grand jury, it is sometimes known as a petit jury. Also, less formally than the law French, it is known as a jury of one's peers.
Is bench press better than the bullworker?
pizza
The right to trial a jury?
It means In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. THIS IS A HELPFUL ANSWER!!
What are the seventh amendments?
Right to a trial by jury In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
The seventh amendment protects ones right to?
The 7th Amendment was added to the Constitution because citizens were concerned about the right for a trial by jury. The 7th Amendment guaranteed the right for civil law trials by jury that exceed the cost of $20. It also guaranteed the right to an appeal to federal courts.
When does a criminal jury trial begin in California?
After the indictment of the defendant. Not enough info given to be more specific than that.
How do juries in civil cases are different than juries in criminal cases?
A criminal jury hears a criminal trial. A civil jury hears a civil trial. Usually both are taken from the same pool and contain the same number of members, but this may vary by jurisdiction.
What is the only cases that is not entitled to a jury trial?
Cases in equity are not eligible for a jury trial, where someone is suing for either an injunction or some similar as a matter of law and fairness - examples being things such as an injunction against a demolition, injunction against selling a disputed house to someone else, child custody cases, and so on. Also, cases where the dispute solely revolves questions of law rather than fact are not eligible for a jury trial.In addition to cases in equity, cases in common law where the amount in controversy is $20 or less are not entitled to a jury, as per the Seventh Amendment to the US Constitution.
