Jury

Difference Between Jury and Judge

Difference Between Jury and Judge

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. What's the role of jury and judge?
  4. Who has the final say judge or jury?
  5. Can a judge go against a jury?
  6. Is it better to take a plea deal or go to trial?
  7. What are the advantages of a jury trial?
  8. What are the disadvantages of the jury system?
  9. Who pays for a jury trial?
  10. What happens if one juror says not guilty?
  11. What power do judges have?
  12. What does the judge do?

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.

What's the role of jury and judge?

The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision. ... The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts.

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.

Can a judge go against a 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.

Is it better to take a plea deal or go to trial?

Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.

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.

What are the disadvantages of the jury system?

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 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.

What happens if one juror says not guilty?

If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. The case is not decided, and it may be tried again at a later date before a new jury. Or the plaintiff or government may decide not to pursue the case further and there will be no subsequent trial.

What power do judges have?

The federal courts' most important power is that of judicial review, the authority to interpret the Constitution. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy.

What does the judge do?

A judge is an appointed or elected magistrate who presides over court proceedings. Judges rule on questions of law, act as a referee between the litigating parties, and render decisions in legal disputes.

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