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The percentage of federal criminal cases decided by jury trial dropped from 8.2% in 1962 to 3.6% by 2013. According to the survey: Criminal cases: Judges, prosecutors and defense attorneys all rank jury trials as fairer than bench trials.
Today, prosecutors routinely deny jury trials to individuals who request them. Yet, in situations where the government is required by law to allow juries, prosecutors suddenly demand a jury when particular persons request to be tried by a judge.
Only 2% of federal criminal defendants go to trial, and most who do are found guilty. Trials are rare in the federal criminal justice system and acquittals are even rarer.Most defendants who did go to trial, meanwhile, were found guilty, either by a jury or judge.
According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty 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.
It might be to your advantage to waive your right to a jury trial if your case will be heard before a judge who is known to be more lenient. An experienced attorney who knows the local courts may be able to determine whether it is in your best interest to have your case heard by a judge.