Jury Trial For Custody Case In Los Angeles
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FAQ
We recommend a jury trial because it's better to convince multiple people that you are not-guilty rather than one person. In a jury trial, all jurors have to be unanimous–if we can convince one person that you are not guilty, then you won't be convicted. In a bench trial, we only advocate to one person: the judge.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
Juries sometimes have difficulty understanding judicial instructions and complicated evidence, are susceptible to emotional appeals, may be biased, deliberate in secret without accountability, and require concentrated trial of all issues at once.
Child custody cases where physical and/or emotional abuse to a child OR a parent has occurred are likely to go to trial as well. A finding of physical/emotional abuse has serious ramifications with respect to custody, both legal and physical.
When divorce and child custody cases go to trial, they're usually bench trials, i.e., a judge makes the decision. But in some states, a parent can request a jury trial for some of their issues. The judge often holds a bench trial first.
To decide what is best for a child, the judge considers: The age and health of the child. The emotional ties between the parents and the child. The child's ties to their school, home, and community.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
The reason to use a jury is to have a group of ordinary people, completely informed of the evidence, decide on the facts of the case. To use a judge only, is to risk obtaining a purely technical, or even a personally biased view, not a consensus view. To try to a jury is, in concept at least, to try to the community.
The correct order in which a jury trial is conducted is as follows: jury selection, opening statements, plaintiff's case, defendant's case, closing arguments and instructions, and verdict. This process begins with jury selection, where potential jurors are screened for impartiality to ensure a fair trial.