This is a multi-state form covering the subject matter of the title.
Demand For Trial By Jury Meaning In Riverside
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Riverside
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Therefore, the constitutional right to a jury trial only applies to prosecutions involving serious offenses. A serious offense is one where the charged offense carries a maximum penalty of more than six months' imprisonment.
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.
Generally speaking, if there are no factual issues in dispute, a court trial would serve you well. When there are disputed facts, you normally have a better chance convincing a jury than a judge to see things your way. Remember, a jury is strictly the finder of facts in a trial.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.
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.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
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.
By law, the courts will excuse from jury duty anyone with a mental or physical condition that would keep them from serving as a juror. There is not an exemption based on age, but you may request to be excused if you have a hardship that would make it difficult to serve.
Jury works in most cases having to deal with criminal penalty because you have more people who are looking at the evidence and could help you from being subject to one lone decision.
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).