Montana Answer, Crossclaim and Demand For Jury Trial
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FAQ
According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty 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.
Today, prosecutors routinely deny jury trials to individuals who request them. Yet, in situations where the government is required by law to allow juries, prosecutors suddenly demand a jury when particular persons request to be tried by a judge.
In most civil litigation, either party may demand a jury trial, and this demand cannot be vetoed by the other party.
A jury trial is usually heavily favored by most defendants because it allows twelve persons, rather than one, to determine witness credibility and, in some cases, unreasonable conduct by police. Some people consider a jury trial a right against government oppression.
A jury trial demand is a request to have your case decided by fellow citizens as opposed to the judge should you proceed to trial. The decision to choose or waive a jury trial lies with the defendant.
When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury. The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible.
A bench trial is also faster and the judge often returns a finding (the functional equivalent of a verdict) much quicker than in a jury trial.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 A§ 699).
A formal declaration by a party in reply to a prior declaration by an opponent.
In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable.A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.