Who decides jury or judge trial?
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Who decides jury or judge trial?
Petit Jury Though trial by jury is an important right in America, a criminal defendant can waive this right and have the case decided by a Judge alone. If that happens, it is called a bench trial. In the 7th Amendment, the Bill of Rights also guarantees you the right to jury trial for civil matters.
Is it better to take a plea deal or go to trial?
Pros of Going to Trial Going to trial and receiving an acquittal is the only way for an innocent person to have justice. The prosecutor may decide to offer a better plea bargain closer to trial if he or she believes that the defendant will cost the prosecution the time and expense of a trial.
What is the difference between a court trial and a jury trial?
What is the difference between a jury and a bench trial? A jury trial is where a jury hears the case, and a bench trial is where a judge hears the case. A jury is made up of people from the community or jurisdiction of the court.
Why is a judge better than a jury?
A judge may also be less emotionally swayed by certain evidence than would a jury. A bench trial is also faster and the judge often returns a “finding” (the functional equivalent of a verdict) much quicker than in a jury trial. Some people consider a jury trial a right against government oppression.
What are the pros and cons of a jury trial versus a bench trial?
In a criminal trial, the defendant is allowed to choose to have a trial by jury or a trial by judge, also called a bench trial. There are specific advantages to having your case heard in a bench trial instead of a jury trial: Bench trials are often less time-consuming. They may also be less complex than a jury trial.
Can a judge convict you without a jury?
(2) The court must make a trial by judge order if both the accused person and the prosecutor agree to the accused person being tried by a Judge alone. The section previously provided that a judge could only order that a trial be by judge without a jury in circumstances where both the accused and the Crown agreed.
What are the advantages of a jury trial?
Another one of the advantages of trial by jury is that juries may make a verdict based more on emotions than facts, which is a benefit if your story might garner sympathy. When you hire a lawyer, he or she will help you decide on a bench vs. jury trial, so contact the Law Offices of Seth Kretzer for help.
What does the judge say at the start of a trial?
Judge tells everyone what the trial is about. He’ll say something like “Ladies and gentlemen of the jury, this is a criminal/civil?? case………….” Judge will then ask lawyers if they are ready to proceed.