A trial by jury is a right granted to those facing criminal charges.  But it does not apply for all criminal cases, and even when it does apply, it does not mean that the defendant has to accept a jury trial.

The Sixth Amendment to the Constitution grants people the right to a trial by jury for federal crimes.  The Sixth Amendment specifically says people have the right to a trial “by an impartial jury of the State and district wherein the crime shall have been committed.  In addition, the Fourteenth Amendment to the Constitution made the right to a jury trial applicable to crimes related to violation of state laws.

At the federal level, courts have interpreted the right to a jury trial to apply only to adults who are being tried for a crime where they face punishment that may be greater than six months in prison.  Therefore, a judge decides cases that are petty offenses subject to lesser punishment.  In addition, minors are generally tried in juvenile court where there is likewise no jury.  At the state level, a jury trial may be available for lesser crimes depending on the state.

In all cases where you have the right to a jury trial, you may waive that right.  However, for a federal trial, both the prosecution and the court must accept the waiver.  For a trial in most states, the defendant can waive the right to a jury trial without acceptance by the prosecution or the court.  If you waive your right to a jury trial, the judge over the court hearing your case renders a verdict.

Trial by jury has both pros and cons from the defendant’s perspective.  Pros for a trial by jury include the impartiality afforded to jury members.  As neither the general public nor the defendant is privy to the specific discussions the jury has while rendering a verdict, the jury is more likely to treat the case objectively.

In addition, a positive for a trial by jury is that it takes the decision as to the defendant’s guilt out of the hands of the state.  Therefore, if the state’s ability to obtain a guilty verdict is left purely to them presenting a strong case through the evidence, rather than being able to influence the decision based on that evidence.

Cons for having a trial by jury include the emotion and potentially pre-existing prejudice of the jury.  For example, if the case involves some form of harm to a child, the jury may become emotionally involved in the case.  This is more likely to lead the jury to render a verdict against the defendant even if the facts of the case do not truly warrant a guilty verdict.

Another con for a trial by jury is the inability of the common man to interpret facts and complicated evidence correctly.  If the jury cannot fully understand evidence that is favorable to the defendant’s case, there is an increased chance the jury will ignore that evidence when rendering a decision.

Therefore, if you are facing criminal charges, it would be wise to heed the advice of your criminal defense attorney in determining whether you should waive your right to having a trial by jury.

Related articles

• Sixth Amendment rights and the role of defense attorney (criminaldefensehome.com)
• What is the role of a grand jury in a criminal trial? (criminaldefensehome.com)
• Sixth Amendment right to a speedy trial: What it really means (criminaldefensehome.com)
• What is the role of the prosecuting attorney in a criminal trial? (criminaldefensehome.com)
• How does the juvenile court system differ from the adult court system? (criminaldefensehome.com)

by Mark Johnston

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