Criminal Law Phase 4 (DB)

Ultimately , the choice between jury and bench trial are determined by the advantages of one over the other . Being tried by a jury is one of the most fundamental elements of the constitution . It is based on the premise of social equity and democracy . However , there are times when defendants may be disadvantaged by jury trials because they generally require strict subscription to court procedures , allow for greater influence of individual opinion and allow for discrepancies in the interpretation of the law and public opinion (Lubet , 2004 . This entails the evaluation of

the additional cost of requesting the bench trial , the gain from the anticipated expediency of the case or the resolution of the case (Sweeney , 2008 . For example , for class action suits defendants would often have provisions in their contracts with plaintiffs for bench trials : the motivation is to expedite the resolution or to limit the influence of public injury from the case (Stern , 2005 . From the perspective of individual plaintiffs accused of heinous or sensational crimes , opting for a bench trial limits the impact of public opinion or outrage in association with the crime (Manuet Warren , 2004 . It should be noted that the right to bench trial is not only dependent on verdict . Opting for jury trial may also depend on the difficulty of creating a jury for the trial . This may develop from the difficulties in jury selection or ensuring the inviolability of the jury during trial . Thus , defendants should therefore evaluate the advantages of undergoing a jury trial and opting for his case to be decided by a judge or via bench trial

References

Lubet , Steven (2004 . Modern Trial Advocacy : Analysis and Practice Indiana : National Institute for Trial Advocacy

Mauet , Thomas A . and Warren D . Wolfson (2004 . New York : Aspen Publishers

Stern ,William L (2005 . Does Your Contract Have a Jury Trial Waiver Retrieved on June 17 , 2008 , from http /www .mofo .com /news /updates /s /update02052 .html

Sweeney , Dennis M (2008 . Commentary : Judge on the Jury : Knowledge of Batson principles . The Baltimore Daily Record , February 25 . Retrieved on June 17 , 2008 , from http /findarticles .com /p /articles /mi_qn4183 /is_ /ai_n

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