Jury Trial For Equitable Relief In Los Angeles
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FAQ
Article I, Section 16 of the State Constitution of California says, “A trial by jury is an inviolate right and shall be secured to all. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel."
A jury is made up of people from the community or jurisdiction of the court. The jury will make the decision on conviction and may determine the penalty if they find the defendant guilty of certain serious offenses in Tennessee. In a bench trial, the judge has complete control and makes all decisions.
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.
Do You Get Sentenced at a Bench Trial? Yes, if the judge finds the defendant guilty, they can pass a sentence or make orders. Bench trials allow judges to be “the professional trier of fact” and the decision-maker for the case.
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.
In lawsuits seeking equitable relief there is no right to a jury trial; ingly, these types of cases are tried to the judge in a bench trial.
A bench trial is a trial where the judge is the sole fact-finder; that is, the judge alone makes a decision on the merits of your case after both sides have presented evidence.
What are the Disadvantages of a Bench Trial in California Only the judge decides as opposed to a 12-member jury. Thus, your fate rests in one set of hands versus 12 sets of hands. The judge is familiar with all the evidence. A judge may be able to be unbiased, but that only goes so far.
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.
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.