Is trial by jury a choice?
Asked by: Clyde Schowalter | Last update: February 14, 2026Score: 4.9/5 (31 votes)
Yes, in the U.S., trial by jury is a fundamental constitutional right for criminal and some civil cases, but defendants generally have the choice to waive it for a bench trial (judge alone), though this usually requires approval from the judge and prosecutor, with some jurisdictions allowing the prosecutor to veto the waiver.
Is it better to do trial by judge or jury?
IF you have a winning legal argument and a reliable legal trained judge, go for a judge (bench) trial. IF it's a factual dispute, and your winning arguments require more focus on facts and evidence, go for a jury trial. IF your client is sympathetic, with good character, go for a jury trial.
Can you refuse a jury trial?
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
Has a judge ever overrule a jury verdict?
Yes, judges can and do overturn jury verdicts, though it's rare, usually when there's insufficient evidence for the verdict, the verdict is against the weight of the evidence (showing passion or prejudice), or due to significant legal errors during the trial, allowing for motions like Judgment Notwithstanding the Verdict (JNOV) or ordering a new trial, especially in criminal cases where a conviction might be overturned but not an acquittal.
How likely are you to get picked for jury duty?
The odds of being selected for jury duty vary, but generally, about 14-15% of U.S. adults get summoned, though only a fraction actually serve, with estimates suggesting under 5% of those summoned end up on a sworn jury, as many are excused or the need for their service ends. Factors like location, eligibility (age, citizenship, felony status), and the specific needs of local courts significantly impact individual chances, with federal service having even lower probabilities.
What happened to trial by jury? - Suja A. Thomas
What makes you less likely to be picked for jury duty?
You're less likely to be picked for jury duty if you have strong biases, connections to the case, significant personal hardships (like caring for a child or elderly person), certain occupations (like law enforcement), are over 70, have served recently, or can't understand English well, as attorneys look for impartial jurors but may excuse those with undue hardship or strong reasons they can't serve fairly. Being evasive or showing you can't follow instructions also gets you removed, while expressing strong opinions or having unique life experiences often makes you a target for removal by lawyers.
What happens if one juror says not guilty?
There is no requirement that jurors must come to a unanimous verdict. If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.
Who has more power, a judge or jury?
In federal court, the jury decides the verdict. It's the judge's job to act as referee, ruling on issues of law before and during the trial. Federal judges keep up to date on many laws and rules such as: Federal Laws.
What percentage of court cases are wrong?
For example, analysis of a special set of state court cases in 2000-01 from four jurisdictions in a study by the National Center for State Courts (Hannaford-Agor et al 2003) suggested that approximately 17% of jury verdicts were inaccurate, 7% of the all jury verdicts were wrongful convictions and 10% of all jury ...
Why do some people never get chosen for jury duty?
People may never get called for jury duty due to the random selection process, being automatically excused (like for age or prior service), having reasons for hardship/inconvenience, or simply by not being in the pool due to outdated voter/license records, with the ultimate factor being a mix of chance, eligibility, and local court policies.
How often do trials get dismissed?
Many cases are dismissed by lack of cooperation of witnesses, lack of evidence, legal issues, and/or because a defendant qualifies for a conditional dismissal or diversion. Stats have these scenarios taking up 5-8% of all the cases. So, if you do the math, that leaves roughly 2-5% of cases going to trial.
What is the best excuse to avoid jury duty?
The best ways to get out of jury duty involve seeking official exemptions for valid reasons like age (over 70/75), medical conditions (with a doctor's note), primary childcare (under 6), or financial hardship (demonstrable income loss), or requesting a deferral online or by mail with supporting documents. During selection (voir dire), be honest about biases or situations (like family tragedy, travel) that prevent impartiality, as attorneys often excuse jurors who openly struggle with fairness, but avoid outright lying, which can backfire.
Why would someone want a trial by jury?
jury trials prevent tyranny.
the government. Tyranny also exists when absolute power is vested in a single ruler. Jury trials are the opposite of tyranny because the citizens on the jury are given the absolute power to make the final decision.
Is a jury trial serious?
Jury trials are used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases.
What are the four types of trials?
While "types of trial" can refer to case categories (civil, criminal, juvenile) or legal systems, often people refer to the four main stages of a criminal trial: pretrial motions, the actual trial (evidence, arguments), sentencing, and appeals, or they might categorize trials by decision-makers: jury trial (with jurors) or bench trial (judge only). For criminal cases, another breakdown focuses on the seriousness of the offense, like warrant, summons, or summary trials.
Has a judge ever overrule a jury?
Yes, judges can and do overturn jury verdicts, though it's rare, usually when there's insufficient evidence for the verdict, the verdict is against the weight of the evidence (showing passion or prejudice), or due to significant legal errors during the trial, allowing for motions like Judgment Notwithstanding the Verdict (JNOV) or ordering a new trial, especially in criminal cases where a conviction might be overturned but not an acquittal.
Who is the most powerful person in the courtroom?
While the Judge holds significant authority within the courtroom by managing proceedings, ruling on evidence, and ensuring order, the Prosecutor is often considered the single most powerful figure in the U.S. criminal justice system because they decide whether to file charges, what charges to bring, and influence plea bargains, ultimately controlling the case's direction and potential outcomes more than the judge can.
Is a jury trial good or bad?
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 is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Does a mistrial mean the person goes free?
No, a mistrial does not automatically mean the defendant goes free; it just means the current trial is terminated without a verdict, leaving the charges unresolved, and the prosecution can choose to retry the case with a new jury or, less commonly, drop the charges, as a mistrial isn't an acquittal. It's like hitting the reset button, not ending the game.
Is it better to plead not guilty or guilty?
It's generally better to plead not guilty at your first court appearance to preserve your rights, discover the prosecution's evidence, and allow your attorney time to negotiate for lesser charges or a better deal; pleading guilty immediately surrenders your power to bargain and results in a conviction and criminal record, though a guilty plea might be considered later after consultation with a lawyer or if the evidence is overwhelming and a plea deal offers significant benefits, like avoiding harsher penalties.
How come some people never get picked for jury duty?
People may never get called for jury duty due to the random selection process, being automatically excused (like for age or prior service), having reasons for hardship/inconvenience, or simply by not being in the pool due to outdated voter/license records, with the ultimate factor being a mix of chance, eligibility, and local court policies.
What to wear so you don't get picked for jury duty?
To avoid being picked for jury duty, dress in a way that suggests you're not taking it seriously or might be biased, like wearing a Hawaiian shirt, loud graphics, flashy jewelry, or sportswear, but be aware this risks violating court rules; otherwise, you'll need to show unbias, so wear boring, neutral business casual (like drab colors, plain clothes) to blend in, but avoid anything too polished, as lawyers often look for seemingly neutral jurors to dismiss, while judges might eject overtly casual or unprofessional dress, making it a tricky balance.
What are two things jurors should never do?
Jurors should never discuss the case with anyone outside the jury (including family/friends) or conduct their own investigation, like visiting the scene or looking up info online, as the verdict must be based solely on courtroom evidence; these actions risk introducing bias and jeopardizing the trial's fairness. Another critical "never" is to decide by chance, such as by flipping coins, which makes a verdict illegal.