Utah Undertaking and Demand for Jury Trial

State:
Utah
Control #:
UT-KS-393-08
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PDF
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A08 Undertaking and Demand for Jury Trial
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FAQ

Opening statement made by the prosecutor or plaintiff. Opening statement made by the defendant. Direct examination by plaintiff or prosecutor. Cross examination by defense. Motions. Direct examination by defense. Cross examination by prosecutor or plaintiff.

The right to a jury trial is one that belongs to the defendant, so it is typically the defendant's choice for a judge or jury to decide his or her fate.Both the defendant and his or her attorney consent to waiving the right, The defendant knows what he or she is giving up, and. The waiver is voluntary.

All defendants in state criminal cases are entitled to jury trials according to the federal standard for "serious penalties" used by the Supreme Court. However, if the offense carries a sentence of 6 months or less, then a jury trial isn't mandated and the state can decide whether to require a jury trial.

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.

Someone might choose to waive their jury trial right if they believe that their case is better handled by a judge. For example, a case that requires a complex understanding of legal technicalities might better be handled by a judge than jurors.

Choosing a Jury. Opening Statements. Witness Testimony and Cross-Examination. Closing Arguments. Jury Instruction. Jury Deliberation and Verdict.

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.

Step 7 (Execution of judgment) Step 6 (Judgment) Step 6 (Verdict) Step 5 (Instructions to the Jury) Step 4 (Closing Arguments) Step 3 (Introduction Of Evidence) Step 2 (Opening statemant. Step 1 ( Selecting Jury)

It might be to your advantage to waive your right to a jury trial if your case will be heard before a judge who is known to be more lenient. An experienced attorney who knows the local courts may be able to determine whether it is in your best interest to have your case heard by a judge.

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Utah Undertaking and Demand for Jury Trial