This is a multi-state form covering the subject matter of the title.
Demand For Trial By Jury Meaning In Travis
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Multi-State
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Travis
Control #:
US-000291
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FAQ
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).
If someone is accused of a crime, they have a right to be tried in front of a jury. A jury is made up of 12 people who are chosen at random to hear the evidence and decide if the accused is guilty or not guilty.
Typically, a plaintiff will make its demand in the complaint filed at the outset of the case, and a defendant usually will make its demand in an answer to the complaint. If either party asks for a jury, the trial will be by jury.
Defendants have a right to a jury trial, which means a jury listens to both sides present their case and then decides if the defendant is guilty or not. If the defendant wants, they can ask for a judge to decide instead. Trials can last from a day to many months.
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.
The advantages of a trial by jury include: Jurors don't know all the rules. Although the judge and opposing counsel can prevent improper evidence and questions from getting through, they cannot catch all of them. Jurors listen to their emotions.
The right to a jury trial is a way to prevent government oppression by having impartial “peers” decide the fate of an accused. It safeguards against heavy-handed and unfair prosecution as well as judges that may have bias. It prevents unchecked power and helps ensure an accused receives justice.