Jury Trial In India In Orange
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FAQ
The Nanavati case not only sparked intense public debate but also played a pivotal role in the eventual abolition of jury trials in India. The jury system was initially introduced by the British and was abolished because of its perceived difficulties in the multicultural, multilingual and multiethnic Indian society.
To begin a jury trial, a panel of prospective jurors is called into the courtroom. This panel will include a number of persons from whom a jury will be selected to try the case. In criminal trials, alternate jurors may be chosen to take the place of jurors who become ill during the trial.
Jury Service is mandatory and prospective jurors' names are obtained from voter registration and DMV records. Service may be required as often as once per year and can be from one day to the length of one trial, starting at a.m. and ending at p.m. Business casual attire is suggested.
While the right to a jury trial is a hallmark of the American legal system, there are exceptions where this right may be waived or deemed inapplicable. Defendants, often upon consultation with their legal counsel, may opt for a bench trial, relinquishing the jury's involvement for various strategic reasons.
Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Ireland.
Jury trials in India were gradually abolished during the 1960's, culminating in the 1973 Criminal Procedure Code, which remains in effect into the 21st century.
Acting on the committee's recommendations, the Indian government abolished jury trials through the Code of Criminal Procedure (Amendment) Act, 1973.
Ultimately, it's up to the judge to rule on these issues of law, and decide which evidence can be considered. Therefore, the jurors should only make their decision based on what is seen and heard in the courtroom, and nothing else. Courts have other standard rules, to make sure the entire process is fair and impartial.
Bench trials are better for cases involving highly technical issues or an unlikeable party/parties. Jury trials are for situations where you think you have a worse than 50% chance at winning and neither of the above situations apply.
Judges must put aside personal opinions and focus on the facts in the case. Bench trials go faster. Since judges need less explanation, civil litigation moves more quickly when presented to a judge than when presented to a jury.