Orange County trial lawyers can provide assistance with making strategic decisions during the course of civil proceedings. One decision that you may have to make is whether you want a trial by jury or a trial by the court.
This decision can impact the outcome of the legal proceedings, sometimes in profound ways, and it is a choice that you should make with help from an experienced attorney who has the knowledge of court proceedings necessary to develop a trial strategy aimed at achieving the best outcomes possible.
Give our legal team a call today to learn more about the ways in which our experienced trial attorneys can protect your best interests during the entirety of your involvement with the civil justice system. The key difference between a bench trial and a jury trial is whether or not there is a jury to decide the outcome of the case or whether a judge makes a decision.
In all civil court cases, including those in which a jury makes a decision, a judge must preside over the case. Instead, this becomes the job of the judge as well. The judge will still make the key legal rulings about what kinds of evidence can be admitted. Unlike a jury trial, a bench trial is a trial before the judge alone. In a bench trial, by contrast, the judge serves both roles, i.
At first blush, you might think choosing a jury trial is a no-brainer, and that could be a valid conclusion. Judges, thus, are often perceived as biased towards the cops and the prosecution.
On one level that may be true. By contrast, juries are not jaded by the criminal justice system by and large. Usually having never set foot in a courtroom before, a juror will have a sense of civic duty and will try his or her best to be fair and objective.
Also, juries are prone to emotional appeals, far more than judges. Therefore, if you present a defense that has a dramatic and emotional impact, then the jurors are more likely to respond and find in your favor.
While the above argument is certainly true and a good number of criminal cases that do go to trial are, in fact, jury trials, there are times when a bench trial actually might be more beneficial for you. The defendant is guaranteed the legal right to a speedy public trial by an impartial jury. During the voir dire phase of the trial, both the defense attorney and prosecutor asks potential jurors questions under oath in order to discern their likelihood of serving as impartial members of the jury.
The jury is typically made up of twelve individuals who must evaluate the evidence offered in the court case. They must weigh and discuss discrepancies in the presentation of evidence. At the start of the trial, the judge provides members of the jury with some instructions about their fact-finding role. However, in most trials, the judge is likely to provide most of the instructions after both sides have presented their evidence.
It must decide if the prosecutor met the burden of proof in the case. They will also attempt to resolve discrepancies concerning the facts to render a unanimous verdict. If the jury determines that the prosecutor met the required burden, the defendant is convicted of the crime. In a death penalty case, the judge is called on to determine the sentencing. Learn how a criminal defense attorney can help your case.
Get your free ebook today ». You have the right to engage a criminal defense attorney to represent you at the trial. Before deciding whether a bench trial or a jury trial is best for you, consult with an experienced criminal defense attorney.
You need advice on how to proceed.
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