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| Authored by: Anonymous on Wednesday, October 03 2012 @ 12:32 PM EDT |
I live in the state of Wisconsin. I am not a lawyer.
I don't know the rules for other states or for the federal district court but
here is my understanding of the rules and the state and lower leves for
Wisconsin.
The right to a jury trial is not limited to criminal matters.
For felony cases jury trial is the default but the defendant can waive the right
to jury trial and have a bench trial if he thinks his odds are better with the
judge. This is not common, but it does happen.
For civil and misdemenor cases, bench trial is the default. You do have the
right to a jury trial for these cases, but a jury must be explicitly requested.[ Reply to This | Parent | # ]
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| Authored by: Tyro on Wednesday, October 03 2012 @ 04:23 PM EDT |
The importance of jury trials is for cases where the government is strongly
biased in favor of conviction. The cause doesn't matter. The normal penalty
hardly matters.
I'm always nervous when a judge is allowed to overrule a jury, though I will
readily grant that juries tend to be unfairly biased, and don't understand large
numbers. But a jury should be one of the protections of the citizenry against
the abuse of power by the government. And weakening it weakens that defense,
even if in cases where the government doesn't feel strongly it improves the
verdict. I am strongly in favor of jury nullification. "A jury should
have the right to reach a decision in the teeth of the law and the
evidence." (That's probably not a direct quote, and I don't know who I'm
quoting...possibly Oliver Wendell Holmes.)
But it's also true that unrestricted juries tend to reach some pretty absurd
verdicts. This is a cost that it is necessary to bear. Judges will also
occasionally reach some pretty strange verdicts...like deciding that
corporations are people.
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| Authored by: micheas on Wednesday, October 03 2012 @ 04:52 PM EDT |
IANAL, but I do have a passing familiarity with
California Law. In
California there are two types of
civil matters (well four really with the
third type being
small claims, and the fourth being unlawful detainers
(evictions)) the first type is limited which means that the
dispute is less
than $25,000 and unlimited where the dispute
is over $25,000.
In
unlimited cases either party can demand a trial and
refuse to attempt to settle
the case. In limited cases you
must agree to a settlement attempt (such as
arbitration, or
mediation) [ Reply to This | Parent | # ]
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| Authored by: red floyd on Thursday, October 04 2012 @ 07:49 PM EDT |
Seventh
Amendment.In Suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be preserved, and
no fact tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common
law. ---
I am not merely a "consumer" or a "taxpayer". I am a
*CITIZEN* of the United States of America.
[ Reply to This | Parent | # ]
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