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Illinois Waiver Of Jury Trial and Request For Bench Trial

Illinois Waiver Of Jury Trial and Request For Bench Trial

Name: Illinois Waiver Of Jury Trial and Request For Bench Trial
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.64 (348 reviews)

Category:

Illinois Local County - Lake - Criminal

State:

Illinois

Control #:

IL-171-276A

Format:

Instant download

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Description

Waiver Of Jury Trial and Request For Bench Trial Illinois Waiver Of Jury Trial and Request For Bench Trial is a legal document that is used in Illinois courts in order to waive the right to a jury trial and request a bench trial instead. A bench trial is one in which a judge decides the facts of the case and renders a verdict. Waiving the right to a jury trial and requesting a bench trial can be beneficial to a litigant, as bench trials can often be quicker and less expensive than a jury trial. There are two types of Illinois Waiver Of Jury Trial and Request For Bench Trial: the Waiver Of Jury Trials By Defendant and the Waiver Of Jury Trials By Plaintiff. In the Waiver Of Jury Trials By Defendant, the defendant waives the right to a jury trial and requests a bench trial instead. Conversely, in the Waiver Of Jury Trials By Plaintiff, the plaintiff waives the right to a jury trial and requests a bench trial instead.

Illinois Waiver Of Jury Trial and Request For Bench Trial is a legal document that is used in Illinois courts in order to waive the right to a jury trial and request a bench trial instead. A bench trial is one in which a judge decides the facts of the case and renders a verdict. Waiving the right to a jury trial and requesting a bench trial can be beneficial to a litigant, as bench trials can often be quicker and less expensive than a jury trial. There are two types of Illinois Waiver Of Jury Trial and Request For Bench Trial: the Waiver Of Jury Trials By Defendant and the Waiver Of Jury Trials By Plaintiff. In the Waiver Of Jury Trials By Defendant, the defendant waives the right to a jury trial and requests a bench trial instead. Conversely, in the Waiver Of Jury Trials By Plaintiff, the plaintiff waives the right to a jury trial and requests a bench trial instead.

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FAQ

Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law. The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.

A defendant who wants a speedy resolution of his/her case may choose to waive a jury trial. Where the issue of guilt is more technical ? meaning, whether the facts fit the law ? it may be better to have a judge decide the issue.

The main factor in choosing a bench trial over a jury trial is that you and your lawyer think a judge is more likely to find you not guilty than a jury. Some of the thinking behind choosing a judge over a jury are: The judge's opinions on certain issues are on record, which may prove favorable to you.

The Illinois Constitution, Ill. Const., Art. I, § 13, guarantees the right to a jury trial, but the parties may waive this right.

Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.

More info

Jury trials are more costly and timeconsuming than bench trials. This is also called a bench trial.Only a few states provide defendants with the unilateral right to demand a bench trialmeaning the prosecutor and judge can't veto the decision. (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. The constitutional right to a jury trial can be waived in favor of a bench trial. This right does not apply to the judge's determination of criminal history points for sentencing purposes. In a negotiation, the arguments for requesting a jury trial waiver provision may include: 1. An appellate court reviews a trial court's ruling on a request to withdraw a defendant's waiver of a jury trial for abuse of discretion. Parties consent before the court may conduct a bench trial if a proper jury demand has been made.

Illinois Waiver Of Jury Trial and Request For Bench Trial

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