Why would a trial go to the jury?

Asked by: Anita Mueller V  |  Last update: June 1, 2026
Score: 4.6/5 (1 votes)

A trial goes to a jury because the U.S. Constitution guarantees the right to be judged by a group of impartial peers in serious criminal cases (Sixth Amendment) and certain civil matters (Seventh Amendment), serving as a check on government power, ensuring fairness, and allowing citizens to apply common sense to decide facts, guilt, or liability, rather than solely relying on judges or officials. It's a fundamental democratic process to prevent government overreach and ensure justice reflects community standards.

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.

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 does it mean when a trial goes to the jury?

If someone is accused of a crime, they have a right to be tried in front of a jury. A jury is made up of 12 people who are chosen at random to hear the evidence and decide if the accused is guilty or not guilty.

What type of cases go to jury trial?

Jury trials are a cornerstone of the criminal justice system, particularly in cases involving serious criminal charges and felonies.

Why you're not "picked" to serve on a jury. Jury Duty explained.

21 related questions found

What are the four types of trials?

The four main types of trials often categorized by case type are Civil, Criminal, Juvenile, and Traffic; however, trials are also distinguished by who decides the case (judge or jury) or by stages (pretrial, trial, sentencing, appeal), with the core differences lying in the parties involved (individuals vs. state) and the potential outcomes (damages vs. punishment). 

What are the 4 stages of a trial?

After a defendant has been formally charged with a crime, the criminal process proceeds to the criminal trial phase unless the defendant pleads guilty. There are typically four stages of a criminal trial: pretrial motions; trial; sentencing; and appeal.

Is it better to do trial by judge or jury?

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.

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.

Is trial by jury a good thing?

Jury trials provide a method of peaceful dispute resolution. Most citizens will be impacted at some point in their life by a conflict, such as a divorce, a personal injury due to negligence, a contractual dispute, an employment dispute, etc.

Is it rare to be picked for jury duty?

Yes, being picked for an actual jury is relatively rare, even if you get a summons, as many people are disqualified, excused, or don't show up; statistics suggest fewer than 5% of those summoned actually end up on a jury, with most jury duty experiences involving reporting but not being selected for a specific trial, a process called "deselection". 

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.

Why did my case go to trial?

Trials happen when both sides can't agree on fault or compensation. Common reasons: denied fault, low settlement offers, new evidence, serious disagreements. Less than five percent of personal injury cases reach trial. Most cases settle to save time, reduce costs, and avoid the uncertainty of a jury.

Why would a lawyer ask for a jury trial?

Two important benefits of a trial by jury include: Judges have limits. Judges are prevented from having complete control over the outcome of a trial. While still in charge of the law that is applied in a case, the judge is no longer the trier of fact.

What are the advantages of a trial by jury?

Advantages of Jury Trials

  • Community Input: Jurors bring diverse perspectives, which may result in a fairer assessment of facts.
  • Emotional Appeal: Jury members may empathize with the accused's circumstances.
  • Checks and Balances: The jury serves as a safeguard against potential judicial bias.

Is a jury trial risky?

Juries can be unpredictable.

This can lead to unpredictable results for both sides. Although this risk is always present, effective trial lawyers can reduce the risk by making their points directly, clearly, and with strong evidence.

Is it good for a case to go to trial?

Possibility of Acquittal: Going to trial offers the defendant a chance to be acquitted, ultimately clearing their name of any wrongdoing. If the evidence is weak or if there are legal flaws in the prosecution's case, a favorable verdict can be achieved.

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.

How does a trial end?

If the defendant pleads guilty or is found guilty by a jury, they will be sentenced. Sentenced means the judge says what the punishment will be.

Who goes first in a trial?

The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.

What does going to trial mean?

The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).

What type of cases require a jury?

Juries are needed for serious criminal cases (felonies) where potential jail time exceeds six months, and for many civil disputes like personal injury, contract breaches, or property issues, guaranteeing a right to a peer judgment for significant matters, though minor offenses and juvenile cases often use bench trials (judge only). Both criminal and civil jury trials involve petit juries deciding facts, but criminal juries must often be unanimous for "guilty" verdicts, while civil cases have lower proof standards and may allow non-unanimous votes.
 

Is a jury trial good or bad?

Juries hold a unique position in the criminal justice system. They serve as a bridge between the law and the public, evaluating evidence and delivering verdicts in criminal cases. The primary role of a jury is to deliver an unbiased verdict based on the evidence presented during the trial.

What is a trial without a jury called?

A trial without a jury is called a bench trial, where the judge hears the evidence, decides the facts, and applies the law, acting as the sole decision-maker instead of a jury. This is also sometimes referred to as a court trial, a non-jury trial, or a trial by judge.