Jury trial

A jury trial is a trial where a judge or judges are supplemented by a jury, made up of citizens who are usually randomly selected and are generally not justice professionals. Juries are most commonly associated with common law jurisdictions. However some civil law jurisdictions also involve juries or lay assessors.

The role of jury trials

• In most common law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law. These "peers of the accused" are responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions. Typically, the jury only judges guilt or innocence, but the actual penalty is set by the judge.
• In France and countries organized in the same fashion, the jury and several professional judges sit together to determine guilt first. Then, if guilt was determined, they decide the appropriate penalty.

Some jurisdictions with jury trials allow the defendant to waive their right to a jury trial, this leading to a bench trial. Jury trials tend to occur only when a crime is considered serious. In some jurisdictions, such as France and Brazil, jury trials are reserved, and compulsory, for the most severe crimes and are not available for civil cases. In Brazil, for example, trials by jury are applied in cases of First and Second-degree murders, even if only attempted. In others, such as the United Kingdom, jury trials are only available for criminal cases and very specific civil cases. In the United States, jury trials are available in both civil and criminal cases.

Related Topics:
Bench trial - Brazil - United Kingdom - United States

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In the United States, because jury trials tend to be high profile, the general public tends to overestimate the frequency of jury trials; the vast majority of cases are in fact settled by plea bargain which removes the need for a jury trial.

Related Topics:
Frequency - Plea bargain

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