This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
JURIES CAN BE SYMPATHETIC Unlike an impartial judge, the panel of individuals on your jury could be swayed by emotion and personal experience. This may work in your favor. If you have been overcharged for the crime in question or are a sympathetic defendant, some jurors may be more likely to back you.
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.
A Notice of Demand for Trial or Disposition Pursuant to Penal Code Section 1381 is sent from the Sheriff to the Prosecutor when a subject is incarcerated in the county jail and the subject demands a trial on outstanding charges.
Jury trials provide an opportunity for citizens to participate in the judicial process. Jury trials give citizens on the jury the power to make a decision on the case. People who serve on juries routinely have a greater respect for the system when they leave.
In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
Defendants have a right to a jury trial, which means a jury listens to both sides present their case and then decides if the defendant is guilty or not. If the defendant wants, they can ask for a judge to decide instead. Trials can last from a day to many months.
Trial by jury helps the criminal justice system reflect the values and standards of the general public. It's vital for the health of the criminal justice system that citizens participate in it and it is vital for democracy that they do, which might explain why politicians are always seeking to limit that participation.
Demand: A party may demand a jury trial on any issue triable of right by a jury by serving the other parties with a written demand, which must be filed no later than 14 days after the last pleading directed to the issue. This demand must be specific about the issues that the party wants tried by a jury.
Defendants generally trust that a jury will acquit or render a not guilty verdict more often (than a judge). The O.J. trial certainly validated this belief. Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code § 699).