What are the advantages of a trial by jury?

Asked by: Christy Weissnat  |  Last update: January 29, 2026
Score: 4.2/5 (68 votes)

Trial by jury offers advantages like diverse perspectives leading to fairer decisions, public participation in justice, checks on government power, community representation through "peers," and potential for emotional appeal/empathy, but also comes with risks like inconsistency and cost. Juries provide a check on judicial power by preventing a single judge from having absolute control, ensuring community values influence outcomes, and educating citizens on the legal system.

What are the advantages and disadvantages of a jury trial?

Here are some key arguments for and against trials by jury.

  • Pro: ensures representation. ...
  • Con: jurors can be biased. ...
  • Pro: boosts public confidence. ...
  • Con: hung verdicts. ...
  • Pro: checks on power.

What are the benefits of a trial by jury?

Some advantages of requesting a jury trial include:

  • THE DEFENSE HAS A HAND IN JUROR SELECTION. ...
  • JURIES CAN BE SYMPATHETIC. ...
  • THE FINAL DECISION MUST BE UNANIMOUS. ...
  • YOU COULD BE ACQUITTED BEFORE THE JURY DELIBERATES. ...
  • YOU MAY HAVE MORE OPTIONS TO APPEAL. ...
  • Arrest and Charges. ...
  • Arraignment. ...
  • Pretrial Proceedings.

What is the main advantage of a judge trial compared to a jury trial?

In a bench trial, the judge serves as both the trier of fact and the law. There's no jury, just your arguments, your evidence, and the court. Bench trials often move faster and allow for a more streamlined presentation, especially when legal complexity outweighs emotional appeal.

What is one benefit for the defendant of having a jury trial?

Having a jury means the odds are in favor of the defendant as there are more chances for a favorable outcome. The only options are not just “guilty” and “not guilty,” as there may be a mistrial or hung jury.

What happened to trial by jury? - Suja A. Thomas

41 related questions found

Why would someone want a jury trial?

When Is It Better to Choose a Jury Trial? When the facts are clearly in your favor, and you believe the jury will sympathize with your case. If you have a likable defendant and strong evidence, and you want to leave the decision to a group of peers.

What are the three possible outcomes of a jury trial?

Possible Outcomes

The jury's decision can result in various outcomes: a verdict in favor of the plaintiff, a verdict in favor of the defendant, or, occasionally, a hung jury if they cannot agree. The verdict is then announced in court, concluding the trial.

Why does a case go to jury trial?

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 percent of jury trials are guilty?

​18 percent of jury trials resulted in acquittal, and 82 percent resulted in a conviction. Mistrials, where a trial ends without a verdict, are very rare. ​As most cases do not go to trial, convictions were the result in 42 percent of total criminal cases, whereas acquittals were only 0.2 percent of the total.

Who is more powerful, a judge or a jury?

Moreover, judges' fact-finding decisions are typically framed as “norm enforcement” and assumed to be more rational and objective than those of jurors.

When would a jury trial be most effective?

If you are looking to resolve your case through negotiation, selecting a jury trial may be the most effective way of forcing the Crown to focus on your case and finding a solution that will benefit everyone.

What are the pros and cons of summary jury trials?

Convincing half the number of jurors than a regular jury trial could prove beneficial for either side, but may benefit the plaintiff. The main disadvantage is that summary jury trials have relaxed rules of evidence. Evidence that would only be admitted after foundation is established may be admitted more expediently.

Why is having a jury so important?

Juries were designed to be a crucial check on government overreach. To this day, they ensure that people facing criminal or civil charges have their cases heard and decided by a group of their peers, not a few government actors.

What are some of the benefits of having a trial by jury?

The right to a jury trial is a way to prevent government oppression by having impartial “peers” decide the fate of an accused. It safeguards against heavy-handed and unfair prosecution as well as judges that may have bias. It prevents unchecked power and helps ensure an accused receives justice.

Why might someone not want a jury trial?

Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.

What's the best reason to get out of 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. 

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.
 

What is the conviction rate in China?

China. In China, the conviction rate reached 99.975% in 2022, according to a Safeguard Defenders analysis of reports released by the Supreme People's Court and Supreme People's Procuratorate.

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.

Why would someone ask for a jury trial?

We do not want judges and lawyers making every important decision; they are not representative of the people of the United States. Juries provide the voice of common sense and the perspective of the citizen to our developing body of law.

Why is trial by jury bad?

The most frequently heard criticisms of the jury system can be roughly summarized under these ten headings, viz: (1) It is too cumbersome; (2) It is too time-consuming; (3) It is too expensive; (4) It delays justice and clogs the court calendars; (5) "Wrong" verdicts are rendered in some criminal cases; (6) "Wrong" ...

How long is a typical jury trial?

The average jury trial is approximately two to three consecutive days. However, a more complex trial that involves many witnesses may last longer. Prospective jurors are advised of the expected length of the trial before they are actually selected.

What happens if a jury can't agree?

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."

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.