Jury Trial Demand Without Trial In Clark
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Yes. The defendant may always elect a judge rather than a jury trial. It helps in cases where legal issues may be clouded by emotional considerations which are counter to the defendant's case.
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
Felonies, being the more serious category of crime, almost always qualify for a jury trial due to the potential for severe penalties, including lengthy prison sentences. Misdemeanors, while still serious, often carry less severe punishments and, as a result, may not always necessitate a jury trial.
This Standard Clause provides that all parties to the agreement have waived their right to a trial by jury if there is any dispute arising out of or relating to the agreement or the transaction.
The short answer is: the defendant has the right to waive a jury and opt for a bench trial.
In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
The most common techniques of alternative dispute resolution include the Minitrial, Arbitration, the Summary Jury Trial, the Rent-a-Judge program, Voluntary Settlement Conferences and Private Organizations established to assist in dispute resolution.
At a defendant's arraignment, if they enter a "not guilty" plea, there will be several pretrial trial proceedings designed to resolve the case. If a plea bargain is not reached, then the case will proceed to trial.