Is It Ever Best to Choose a Jury Trial?
June 24, 2014 | Adriel B. VillarrealIf you are deciding to bring a case to trial, it can be difficult to make the choice between a judge or jury trial. There are many reasons why one may be better than the other, but in some cases, a jury trial may be the best option for you to get the outcome you want.
What is a Jury Trial?
A jury trial is a trial that is brought before a jury of “the peers of the accused” in a criminal case, who have no prior knowledge of the case or anyone involved in the case. The jury makes the decision on whether the defendant is guilty or not guilty and the judge is only in charge of making sure the law is upheld.
Note: the jury only determines guilt, the judge is still responsible for deciding on the penalty.
Choosing a Jury Trial
The reason that many people choose a jury trial over a judge trial is because they feel like they can make a better case with sympathy than with evidence.
A jury is much more likely to be swayed by emotions than a judge would be.
Choosing a jury trial would beneficial in cases such as sexual harassment, emotional abuse, or other cases of being victimized by another person.
Jury vs. Trial by Judge
In a judge only trial, it is very cut and dry. Meaning that the verdict is going to be based solely on the evidence that you bring. Judges make decisions based off of the law whereas a jury may make decisions based off of their own morals and convictions. You attorney may want to push for a jury trial if they feel like they can gain the support of the jury for your case.
Don’t Make These Decisions Alone – Seek Legal Advice!
If you’re in a position where you have to decide between a trial by judge and a trial by jury – you’re in a position where you need a lawyer! Don’t try and wade through the justice system alone, get the advice of an attorney today.
If you feel you have any questions about how a jury trial can help you win your case, or need to speak with an attorney about what steps to take to get a case to trial, please contact us today!