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.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the 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).
Jury trials are trials that allow juries to make findings of fact and render a verdict for the trial. The judge decides questions of law, including whether particular items of evidence will be presented to the jury. The parties may, however, request a bench trial, where the judge decides issues of fact and law.
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.
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.
Jury works in most cases having to deal with criminal penalty because you have more people who are looking at the evidence and could help you from being subject to one lone decision.
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.
Sometimes, the court system can be frustratingly slow when it comes to finishing up a case. A jury trial demand is simply a request that a date be set for a jury trial. This may galvanize the state into making a better plea offer, or it may be because your sister's attorney feels ready to go to trial on the merits.