A bench trial is tried to a judge only—there’s no jury. Learn how bench trials work in criminal cases and why a defendant might choose to go that route over a jury trial. ... A trial before a judge is called a bench trial.
Does a case always have a jury?
In the United States, a criminal defendant generally has the right to a trial by a jury . ... In two circumstances, however, a criminal case may be decided through a trial by a judge instead of a jury – known as a “bench trial.”
Why do some cases not have a jury?
For example, the rules of evidence and methods of objection are the same in a bench trial as in a jury trial. ... Some judicial proceedings, such as probate, family law, juvenile matters and other civil cases do not normally use juries. In such courts, judges routinely adjudicate both matters of fact and law.
Why would someone choose to not have a jury in a criminal case?
Many defendants choose a bench trial (a trial with a judge and no jury) because they believe their case rests on legal technicalities which a jury is likely to misconstrue or gloss over . ... Choosing between a judge and a jury is not a decision to be taken lightly, so consult with a criminal defense attorney first.
Why is there sometimes no jury?
Jury nullification in the United States has its origins in colonial America under British law. In the United States, jury nullification occurs when a jury in a criminal case reaches a verdict contrary to the weight of evidence, sometimes because of a disagreement with the relevant law .
Which is better jury or judge?
Juries tend to be easier audiences than judges .
Jurors tend to be less concerned with technical details and more so with listening to a compelling story and making a decision based on who they believe should win under the circumstances. Meanwhile, judges analyze all the facts, evidence, and details of the case.
Who decides judge or jury?
The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case based on what is presented to them during the proceedings. At the end of a trial, the judge instructs the jury on the applicable law.
What happens if one juror says not guilty?
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.”
Can a judge overrule a jury?
A judgment notwithstanding the verdict (or JNOV) is an order by a judge after a jury has returned its verdict. The judge can overturn the jury’s verdict if he or she feels it cannot reasonably be supported by the evidence or if it contradicts itself.
Do all 12 jurors have to agree?
When the jury struggles to all agree on the same verdict, the judge may decide that a verdict can be returned if a majority of the jury can reach an agreement . This is known as ‘majority verdict’ and normally means that the judge is content to receive a verdict if 10 or more of the 12 jurors are in agreement.
Can you choose to not have a jury?
For many misdemeanors and infractions, defendants may not have an option to have their cases heard by a jury , so a judge is often the only option. ... However, each state may allow defendants additional rights to a jury trial which is not secured by the U.S. Constitution.
Why do most cases never make it to trial?
It’s no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence . Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing.
What four things is the defendant entitled to under the Sixth Amendment?
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay , the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
What happens if a judge disagrees with the jury?
A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. ... The reversal of a jury’s verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury’s verdict or that the verdict did not correctly apply the law .
Are juries accurate?
From the observed agreement rates, the probability of a correct verdict by the jury is estimated at 87% for the NCSC cases and 89% for the Kalven-Zeisel cases. Those accuracy rates correspond to error rates of 1 in 8 and 1 in 9, respectively.
What happens in a hung jury?
When all twelve jurors cannot reach a unanimous agreement about the verdict, then the trial ends in a hung jury . Judges do not limit the amount of time a jury deliberates about the outcome of the trial.
