Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
"Motion to strike jury demand" means that one party has requested a jury trial and the other party is objecting to the request for a jury based on some ground, such as it may be the type of proceeding that a jury is not mandated or that the party asking for a jury has no right to ask for a jury in this manner.
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.
Defendants generally trust that a jury will acquit or render a not guilty verdict more often (than a judge). The O.J. trial certainly validated this belief. Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code § 699).
Among the more common reasons jury service is excused are: Your age. You are not a U.S. citizen. You have a medical condition that would impede your jury service. You recently served on a jury in state or federal court.
Jury trials provide an opportunity for citizens to participate in the judicial process. Jury trials give citizens on the jury the power to make a decision on the case. People who serve on juries routinely have a greater respect for the system when they leave.
On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and. (2) filing the demand in ance with Rule 5(d).
Failure to complete and return a jury questionnaire, providing false information on the questionnaire, or using vulgar or profane language in response to a jury questionnaire subjects a citizen to show cause proceeding for contempt of court.
If you do not complete the information requested, you may be summoned by the Court to report at your expense for completion of the Questionnaire at this office.
Failure to complete and/or mail in the response may require you to appear at the courthouse to complete the form.