Why would someone choose to be tried by a jury rather than by a judge alone?

Studies have shown that a 12-person jury is more likely to make a fair decision. An accused who has been in trouble in the past and feels she has not been treated fairly, when in front of a judge alone, will often insist on a jury trial, believing she will get a better hearing in front of 12 ordinary people.

What does it mean to be tried by a jury of your peers?

: a jury whose members are from the same community as the person on trial.

Can someone truly be tried by a jury of your peers?

While it isn’t specifically stated anywhere in the Constitution, criminal defendants generally have the right to be tried by “a jury of peers.” You may be wondering what exactly that entails.

What is the advantage of being tried by a jury?

Juries tend to be easier audiences than judges. Oftentimes, stating your case to a jury can be less pressure than a judge trial. 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.

What are two reasons why people might support trial by jury?

Jury trials educate jurors about the justice system. People who serve on juries have a greater respect for the system when they leave. Serving on a jury gives people insight into the justice system and their own communities, and corrects misapprehensions about what takes place in a courtroom. .

What happens if the jury Cannot agree on a verdict?

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.”

What is the person being tried in court called?

Defendant
Defendant: a person who has been formally charged with committing a crime; the person accused of a crime. Defense Attorney: the lawyer who represents the defendant in legal proceedings.

What may happen following a guilty verdict in a criminal case?

Following a guilty or no contest plea, or a guilty verdict at trial, defendants will be sentenced, or receive their punishment, for their crimes. If convicted at trial, the presiding judge will determine the sentence of the convicted individual.

Who is considered your peer in the jury system?

Instead, a jury of your peers means that the members of your jury are members of the community around you. They are representative of the area where you live. They might not be the same gender, race or religion. They may not be close to you in age.

Is a jury of your peers a constitutional right?

The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed.

What is the purpose of a jury trial?

A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.

Why is the jury trial so important?

The jury trial has long been considered the bedrock of the criminal justice system. The Sixth Amendment of the United States Constitution guarantees criminal defendants the right to a speedy and public trial by an impartial jury of their peers. Most defendants who do not resolve their case through a plea bargain exercise this right.

Can a case be tried by a judge instead of jury?

Even though the criminal justice system guarantees defendants the right to a trial by a jury, some opt to have their case decided by a judge instead. A bench trial — a case tried to a judge instead of a jury — is decidedly less dramatic and may be advantageous in certain circumstances.

What is a “jury of one’s peers?

In summary: A “jury of one’s peers” requires a cross-section of the community capable of hearing the case fairly. Defendants in specialized professions are not guaranteed a panel of similar professionals but members of that profession cannot be excluded solely because of that.

Is a bench trial better than a jury trial?

A bench trial — a case tried to a judge instead of a jury — is decidedly less dramatic and may be advantageous in certain circumstances. In 2016, for example, three Baltimore police officers arrested in the death of Freddie Gray opted for a bench trial rather than a jury trial. All three were acquitted.