Can you choose not to have a jury trial?

What happens at a non-jury trial?

In a case tried without a jury, the court must find the defendant guilty or not guilty. If a party requests before the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion.

How to beat a jury trial?

Make the evidence clear and understandable. Give the jury road-maps as you put it together with them. Use diagrams or document summaries — anything and everything so the jury understands that you are doing whatever is in your control to give them the tools to put together the evidence.

What are the disadvantages of a jury trial?

Juries sometimes have difficulty understanding judicial instructions and complicated evidence, are susceptible to emotional appeals, may be biased, deliberate in secret without accountability, and require concentrated trial of all issues at once.

Why would someone waive the right to speedy trial?

While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible.

What is the difference between a bench trial and a jury trial?

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. A quicker trial also means the trial is less expensive for the defendant if he has private counsel.

Can you opt out of a jury trial?

Waiving a Jury Trial

You can choose to waive your right to a jury trial and opt for a bench trial instead. A bench trial is where a judge alone hears the evidence and decides whether you are guilty. With a bench trial, the rules of evidence and procedure are generally the same as those in a jury trial.

What happens if all jurors don't agree?

In both civil and criminal trials, if the jury can't agree on a verdict, they report back to the judge. If the judge feels the jury has not deliberated long enough, they will keep trying. A "hung jury" occurs when the jury is hopelessly deadlocked.

Is it better to have a judge or jury trial?

Lawyer folk wisdom often points to choosing a jury if a case has emotional appeal, and choosing a judge if a case is complex and based on technical legal questions. Of course, you may end up with a jury trial even if you prefer a judge trial because your adversary may have an independent right to insist on having one.

Who is not required to have a jury trial?

According to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.

Are jury trials necessary?

The jury trial is a vital part of America's system of checks and balances. Checks and balances means that the judicial branch of government is equal to the other two branches (executive and legislative) and the courts can overturn laws or acts of government that violate constitutional rights.

What does it mean to waive jury fees?

If someone can't afford to pay the fee, they can ask the court to waive it. If someone wins their case, they can usually get their jury fees reimbursed. In criminal cases, the person who is accused of a crime has to pay for the jury fees if they want a jury trial.

Who decides if a trial is speedy enough?

There is not just a simple, firm time limit for what is considered reasonable and then anything after that is considered unreasonable. Rather, the current legal framework for what constitutes a "speedy" trial consists of precedent set by the Supreme Court as well as statutory federal and state law.

How long can a trial be delayed?

There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.

Why deny a speedy trial?

There are times when it is in the defendant's best interests to delay a trial date—for example, the defendant may be ill and needs to recover, or the delay may give the attorney more time to prepare a solid defense.

What are two things jurors should never do?

Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.

What do most lawyers consider when selecting members of a jury?

Criteria for Selecting Jurors

Attorneys ask questions regarding jurors: Experiences – Events in the jurors' lives that could impact their perspective on the case, such as similar or tangential circumstances to victims, defendants, and other key parties.

What is a trial without a jury called?

bench trial. Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law .

What is the golden rule of the jury trial?

A “golden rule” argument is one that, regardless of the nomenclature used, asks the jurors to place themselves in a victim's position. We have repeatedly held that a golden rule argument is improper, and we conclude that the State violated this prohibition in its closing argument.

What not to say to a prosecutor?

What are the hardest cases to win?

A: Crimes against minors, white collar crimes, and first-degree murder are sometimes the hardest cases to defend. Due to the intricacy of the evidence, emotional prejudice, public opinion, and the seriousness of the possible penalties, these cases pose substantial obstacles.