Difference Between Judge and Jury

A jury is defined as a group of people who are sworn to give a verdict on a case which is given to them by a court, including the meting out of a judgment and penalty. ... A judge, on the other hand, is an individual who is tasked to preside over a court proceeding.

1. Which is better jury or judge?
2. Why is a judge better than a jury?
3. Can a judge disagree with the jury?
4. What's the point of a judge if there's a jury?
5. Can you choose trial by judge?
6. What are the disadvantages of a jury?
7. Who has the final say judge or jury?
8. What are the advantages of a jury trial?
9. Who pays for a jury trial?
10. Is the jury's decision final?
11. Has a judge overruled a jury?
12. Can the judge overrule the prosecutor?

Which is better jury or judge?

And while there are always exceptions for particular cases, generally speaking as a defendant a trial by jury is usually a better choice than a judge (also known as a bench trial), one that is particularly preferred in Texas despite some declining numbers.

Why is a judge better than a jury?

A judge may also be less emotionally swayed by certain evidence than would a jury. 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. ... Some people consider a jury trial a right against government oppression.

Can a judge disagree with the jury?

To overturn a guilty verdict, the judge must look at all evidence presented most favorable to the prosecution. The judge can only grant judgment to overturn the verdict if the evidence clearly fails to establish guilt. ... A judge will never interfere with a jury's decision and process unless there is a legitimate reason.

What's the point of a judge if there's a jury?

In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact. A judge is an elected or appointed official who conducts court proceedings.

Can you choose trial by judge?

A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.

What are the disadvantages of a jury?

There are a number of disadvantages to having a trial by jury. As the people on a jury do not generally have a legal background, it is possible that they may not entirely understand complex legal documents or argument, or in-depth forensic evidence.

Who has the final say judge or jury?

In short, the jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge. Many states allow the lawyers to request that certain instructions be given, but the judge makes the final decisions about them.

What are the advantages of a jury trial?

One of the benefits of a jury trial is that your attorney can more effectively use emotional arguments to persuade the jury to find in your favor. Since civil cases are decided based on the preponderance of evidence as a standard of proof, juries are more likely to respond to a compelling story.

Who pays for a jury trial?

The winning party in a case is usually entitled to reimbursement of jury fees paid. See California Code of Civil Procedure Section 1033.5. In criminal cases, the defendant is required to pay for jury fees should the defendant seek a jury trial.

Is the jury's decision final?

The jury reports the verdict to the court, which generally accepts it. The decision of a jury is called a verdict. A jury is charged with hearing the evidence presented by both sides in a trial, determining the facts of the case, applying the relevant law to the facts, and voting on a final verdict.

Has a judge overruled a jury?

A judgment notwithstanding the verdict (or JNOV) is an order by a judge after a jury has returned its verdict. The judge can overturn the jury's verdict if he or she feels it cannot reasonably be supported by the evidence or if it contradicts itself. This rarely happens.

Can the judge overrule the prosecutor?

The answer is yes. The judge is the official who sentences the defendant. Not the prosecutor.