What's better, a jury or a judge?
Asked by: Meggie Lowe | Last update: February 5, 2026Score: 4.1/5 (37 votes)
Neither a jury nor a judge is inherently "better"; the ideal choice depends heavily on the specific case, with judges often better for complex legal issues and juries for cases needing emotional appeal or where public sentiment might favor the defendant, though jury trials can yield larger damages if won, while bench trials offer more predictability. A judge trial (bench trial) suits technical evidence, legal debates, or sensitive topics, while a jury trial works when facts are sympathetic or law enforcement bias is a concern, as juries can be more critical.
Why is a jury better than a judge?
Emotional Appeals – Juries are often more sympathetic to defendants who claim unfair prosecution or mitigating circumstances. Multiple Defendants – Judges may be better at compartmentalizing evidence against different co-defendants, reducing the risk of guilt by association.
Who has more power, a judge or a 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.
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.
Does the jury have power over the judge?
The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts. If the jury finds the accused guilty or liable, it is up to the judge to sentence the defendant.
Top 7 Heated Court Moments Between Lawyers and Judges
Can a judge remove a jury?
A judge makes a decision about removing a jury member based on the lawyers' arguments. The lawyers will argue based on two primary biases that tend to exist within people: 1) actual bias and 2) implied bias. Actual bias: Bias that exists in fact and is supported by the individual's own state of mind and expression.
Who's more powerful than a judge?
While judges hold significant authority in court, others wield different forms of power, including Legislators (Congress) who make laws judges interpret, the President who enforces them and appoints judges, Prosecutors (DAs) who heavily influence case outcomes through charging decisions, and even Juries who determine facts, all operating within a system of checks and balances where power is distributed, not absolute.
Can a jury refuse to convict?
Jury nullification occurs when jurors refuse to convict a defendant despite believing the State has proven guilt beyond a reasonable doubt. Jurors may do this because they believe the law is unjust, too harsh, or that a conviction would produce an unfair result.
Can a judge reduce a jury award?
After the jury announces its verdict, the defendant can file a motion asking the judge to reduce the award. Judges grant remittitur when they believe the jury's damage award shocked the conscience, was influenced by passion or prejudice, or substantially exceeded awards in comparable cases.
Why don't we verdict?
Concluding on February 27, it ended with a mixed verdict. The members (excluding Daniel) would only need to pay a dollar each for breach of contract, but they lost the rights to the Why Don't We name and brand to Signature. With this verdict, the band officially ended.
Who is the most powerful in a 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.
Who ranks higher than a judge?
Chief Justice of the United States. The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary.
Is the judge the final decision maker?
In a jury trial (in the US), the jury decides questions of fact, the judge decides questions of law. In a bench trial, the judge decides both.
What are the downfalls of a jury?
For example, one drawback of a jury trial is the uncertainty involved: you simply never know what the jury is going to do. Without any formal legal training, jurors may misunderstand the law or apply it to the facts of the case incorrectly.
Does the jury make the final decision?
If the jurors all vote guilty, then the judge decides the sentence. If jurors cannot agree, the judge can declare a mistrial. This is sometimes called a hung jury.
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.
Can a judge overthrow a jury?
Yes, a judge can overrule or set aside a jury's verdict, but it's rare and only happens under specific legal circumstances, like when there's insufficient evidence to support the verdict, the jury misapplied the law, or damages are grossly excessive, using mechanisms like a Judgment Notwithstanding the Verdict (JNOV) or Judgment of Acquittal. Judges must respect jury decisions, so they generally only intervene when a verdict is clearly unreasonable or against the law, not simply because they disagree with the outcome.
Who can overrule a judge?
Only appellate justices have the power to overturn another judge's ruling.
Can a judge deny you a jury trial?
Federal criminal and civil trials – Defendants can request the waiver of a jury, which will be granted only if the judge and prosecutor (or plaintiff) both agree.
What if one juror disagrees?
If one juror disagrees in a criminal trial, it often leads to a hung jury (deadlocked jury) and a mistrial, meaning no verdict is reached and the prosecutor might retry the case or drop charges, but in some states (like Oregon historically), a non-unanimous vote could still convict, although federal cases and most states require unanimous verdicts for criminal convictions. In civil cases, requirements vary by state, but often fewer than 12 jurors agree, and some states allow non-unanimous verdicts, but a complete deadlock still results in a mistrial.
What crimes don't get a jury?
Typically, minor offenses and misdemeanors are handled without juries, often because they involve less severe penalties and simpler legal issues. These cases are usually resolved through bench trials, where a judge assumes the role of both the fact-finder and the arbiter of law.
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.
Who is the kindest judge?
The show of love and support for the beloved Judge Frank Caprio, overwhelming. This proves that kindness and compassion especially in the courtroom go a long way. He was the judge of all people.
Who is the boss of all judges?
The California Commission on Judicial Performance oversees the professional and personal conduct of judges and justices. All judges and justices must comply with the California Code of Judicial Ethics, which contains standards for ethical conduct.
Who is the most powerful person in a 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.