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Trial by jury)
The jury trial (not to be confused with grand jury proceedings or trial by jury) is a bench trial wherein the Judge uses a jury to advise him on the facts while he determines the law. These "peers of the accused" are responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions. It is most commonly seen in common law jurisdictions, but is also present in some civil law jurisdictions.
In a trial by jury the "peers of the accused" are responsible for determining both the facts and the law and may ignor the instructions of the judge in making a decision in accordance with their concience.
Some jurisdictions allow the defendant to waive their right to a jury trial, this leading to a bench trial. Trial by jury is rarely used in civil law jurisdictions, although many civil law jurisdictions do have lay assessors. Jury trials tend to occur only when a crime is considered serious. Because jury trials tend to be high profile, the general public tends to overestimate the frequency of jury trials. In the United States, for example, the vast majority of cases are settled by plea bargain which removes the need for a jury trial.
In many nations particularly the United Kingdom and the United States, trials by jury are seen as a check against state power, and the belief is that a jury is likely to be more sympathetic to the defendant than the state is.
This belief contrasts sharply with popular beliefs in many other nations, in which it is considered bizarre for a person's fate to be put into the hands of untrained laymen. Consider Japan, for instance, which used to have optional jury trials for capital or other serious crimes between 1928 and 1943. The defendant could freely choose whether to have a jury or trial by judges, and the decisions of the jury were non-binding. During the Tōjō-regime this was suspended, arguably due to the popular belief that any defendant who risks his fate on the opinions of untrained laymen is almost certainly guilty.
France
Juries are used in the assize courts that judge severe crimes such as murder, rape, acts of barbary (torture) and crimes against humanity (in practice, most of the cases judged are s). The jury is made of 9 lay jurors in first instance and 12 on appeal, supplemented with 3 professional judges. It judges first on the guilt of the accused, then on the appropriate penalty.
The United States
In the United States every person accused of a felony has a constitution right to a trial by jury arising from the 6th amendment which states in part: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have abrogated that right in offenses punnishable by fine only.
Trial procedure
A jury trial starts with the arrest or formal accusation of the defendant when the prosecutor (who represents the government) files an indictment or an information. The defendant is brought before the judge and informed of the charges against him, and usually informed of other rights including the right to counsel from an attorney. After that there is usually a period of preparation for both parties, during which there may be negotiations for a plea bargain, pleadings may be filed or motions made, and any other actions considered prepatory.
On the day of trial the court (or clerk of the court) convenes a panel of members of the public. Both sides are asked if they are "ready," (a technical term), and if answered in the affirmative the court procedes to voir dire. During voir dire the judge and/or attorneys involved may question the jurors to varying degrees depending on the jurisdiction. At the conclusion of the questioning (or sometimes during in certain jurisdictions) the attorneys may request that certain members of the panel not sit on the jury through a "peremptory strike " or a "strike for cause ." After the strikes the court impanels the jury by administering an oath. In most jurisdictions the jury consists of 12 jurors (and perhaps one or more alternates) for a felony trial, and six jurors for a misdemeanor trial. The judge will then permit the prosecution and defense to make opening statements.
The prosecutor (except in very rare circumstances) then begins to present their case. Prosecutors go first because they have the burden of proving beyond a reasonable doubt that the defendant committed the crime of which they have been accused. The prosecutor may present evidence as simple as one person's testimony, up to and as complicated as months of scientific evidence and expert testimony. Any evidence must be in accordance with the rules of evidence, and all disputes are handled through objections by the opposing party and rulings by the judge. After the prosecutor is finished, she will "rest."
The defendant is then permitted to present evidence in the same manner and form as the prosecutor, but is not required to do anything as the burden of proof rests solely on the prosecutor. The defense will then rest. There may then be a rebuttal by the prosecution (if reserved), and sometimes a rebuttal by the defense.
When both parties have rested, the court will direct them to begin closing statements (also called "summation" in some jurisdictions). The prosecutor goes first, followed by the defense, and then the prosecutor is permitted to speak again. Once again, this is because the prosecution bears the sole burden of proving that the defendant committed the crime, and because of that is allowed to speak first and last.
The jury will then be instructed on the law by the judge in the form of a jury instruction and/or charge. The jury will then be directed to a private room where they will select a foreperson and decide whether the defendant committed the acts of which he was accused. Upon making a determination they will inform the bailif, who will inform the judge.
All parties will be recalled to the courtroom, where the judge will ask the jurors if they have reached a verdict. If they answer in the affirmative the verdict will be read by the judge or clerk or foreperson (depending on jurisdiction). If the verdict is not guilty the defendant will be released (for that charge). If the verdict is guilty the defendant will be sentenced.
In capitol cases and other criminal cases (depending on jurisdiction) the jury may be held to determine the sentence for a crime. What follows is a mini-trial or hearing in which the prosecution and defense may present evidence of mitigation and aggravation of the crime, and then have a sentence imposed.
Waiver of jury trial
The vast majority of US criminal cases are not concluded with a jury verdict, but rather by plea bargain. Both prosecutors and defendants often have a strong interest in resolving the criminal case by negotiation. In the United States it is considered a right of the defendant to waive jury trial.
In the US, trial by jury is also available in many civil cases.
Following the English tradition, U.S. juries have usually been comprised of 12 jurors, and the jury's verdict was required to be unanimous. However, in many jurisdictions, the number of jurors is often reduced to a lesser number (such as six) by legislative enactment, or by agreement of both sides. Some jurisdictions also permit a verdict to be returned despite the dissent of one or two jurors.
Blanton v. City of North Las Vegas
In Blanton v. City of North Las Vegas (US-1989) it was ruled: "offenses for which the maximum period of incarceration is six months, or less, are presumptively petty...a defendant can overcome this, and become entitled to a jury trial,..by showing that additional penalties [such as monetary fines]...are...so severe [as to indicate] that the legislature clearly determined that the offense is a serious one."
See also
Last updated: 02-07-2005 01:31:57
Last updated: 05-03-2005 17:50:55
