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.
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.
Legal Definition jury trial. noun. : a trial in which a jury serves as the trier of fact. called also trial by jury. compare bench trial.
The advantages of a trial by jury include: Jurors don't know all the rules. Although the judge and opposing counsel can prevent improper evidence and questions from getting through, they cannot catch all of them. Jurors listen to their emotions.
The right to a jury trial is a way to prevent government oppression by having impartial “peers” decide the fate of an accused. It safeguards against heavy-handed and unfair prosecution as well as judges that may have bias. It prevents unchecked power and helps ensure an accused receives justice.
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.
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.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
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.
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).
On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and. (2) filing the demand in ance with Rule 5(d).