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Yes. A defendant can usually can choose to have a jury. Some states however have a minimum amount below which there can not be a jury. The break off point varies. In some states it is no jail time. In others it is below $ 2,500. You will need to check for your state.
In this state a defendant has a right to a jury trial. He can wave that right. He can have his trial in front of a judge or he can plead guilty. In a number of cases, the prosecutor charges the defendant with a long list of crimes. The defendant can go to trial in front of a jury. If he is not guilty on all counts, he goes free. If he is guilty on all counts, he spends a long time in prison. However, frequently a defendant and his lawyer will try to plea bargain with the prosecutor. If you drop these charges, we will plead guilty to those. If the judge approves, the sentence is shorter than it would be if the defendant was found guilty in a jury trial. The trial could be before a judge and not before a judge.
While it may be ideal if the attorney gave the their client the option, if the defendant has retained the attorney, and authorized that attorney to speak for them, yes, they can.
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This amendment says that the accused are guaranteed a speedy public trial by jury?
In addition to guaranteeing the right to an attorney, the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant a speedy trial by an "impartial jury." This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and that before being convicted of most crimes, the defendant has a constitutional right to be tried by a jury, which must find the defendant guilty "beyond a reasonable doubt."What is a "Speedy" Trial?A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested. Although most states have laws that set forth the time in which a trial must take place after charges are filed, often the issue of whether or not a trial is in fact "speedy" enough under the Sixth Amendment comes down to the circumstances of the case itself, and the reasons for any delays. In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.What is the Jury's Role at Trial?The Sixth Amendment guarantees a criminal defendant the right to be tried before an "impartial jury," representative of a cross-section of the community, which will consider the evidence against the defendant and decide whether to find him or her guilty of the crime(s) charged. In almost all states, 12 jurors must agree in order to find a defendant "guilty" or "not guilty." In such states, if the jury fails to reach a unanimous verdict and finds itself at a standstill (a "hung" jury), the judge may declare a "mistrial," after which the case may be dismissed or the trial may start all over again.
In the us citizens have the right to a what trial?
Trial by jury of our peers.a fair trial
What are the processes and procedures that result in a fair trial?
A fair trial must be held in a timely fashion. A fair trial must be held in public with a jury, unless the defendant does not want a public trial and the judge agrees. The jury must be unbiased and represent a cross section of the population. The defendant must be given the time and resources to hire an attorney and formulate a defense. All evidence against the defendant must have been legally obtained.
This amendment guarantees you a trial by your peers?
There is no Amendment that guarantees a trial by a jury of one's peers. The 6th Amendment guarantees the right of trial by an impartial jury, but not of a jury composed of one's peers.
What is the main concept of the fifth amendment?
right to a trial by jury
Which of the required all criminal cases to be tried in front of a jury?
No. A jury is not required for all criminal cases. A defendant can plead guilty or no contest and simply appear before a judge. A defendant can also wave his right to a jury trial and have the trial in front of a judge. A defendant simply has the right to a jury trial in most criminal cases in The United States. There may be a few misdemeanor cases where the penalty is small fine where he is not entitled to a jury trial.
A defendant has the right to be judged by which of these?
In a jury trial - by a jury of his peers. If the defendant choses a Bench Trial then he will be judged by the Judge.
What trial has no jury?
A trial that has no jury is called a bench trial. A defendant may choose to waive his right to a jury trial and have his case heard and decided by a judge only. See the link below for a simple description of this type of trial.
Can a party Request a judge instead of jury?
Yes a party can waive the right to a jury trial and let the judge make the decision. In many states, in civil cases, you must request a jury in your initial pleading or you automatically waive your right to a jury.
When do you have a trial by judge?
In most cases, you have the right to a trial by jury, but this is not a requirement. In a criminal case, if the defendant opts to have a bench trial, there will be no jury. In a civil case, if neither party requests a jury, it will be a bench trial.
Does a Patton decision allow a person to waive their right to a speedy trial?
No, it has nothing to do with the right to a speedy trial. It refers to the waiver of acceptance of a unanimous jury verdict in a case at trial.
Why are juries rarely used for serious crime?
I am VERY curious where you are getting your information. You could be right; I'm just curious. Many times, a person may plead guilty, making a jury trial unnecessary. There may be other pleas that kick in various regulations from state to state. I think under some circumstances a defendant's counsel may consider it to the defendant's advantage to waive the right to a trial by jury.
What is jury tampering?
It describes the attempt by the defendant (or persons associated with the defendant) to influence the jury sitting on the defendant's trial.
Who is entitled to a jury trial for a federal offense?
Every United States citizen is entitled to a trial by jury when being indicted of a crime. Each citizen also has the right to waive this kind of trial and have the case heard only by a judge.
If money is stolen what type of trial would the accused have trial by jury or judge?
If one is on trial for a criminal offense, they are entitled to a trial by jury, but can waive this and be tried just by a judge.
What is a reason to serve on a jury when called to do so?
The 7th Amendment to the U.S. Constitution gives U.S. citizens the right to a trial by a jury of their peers. Jury service is supposed to provide a person being tried with a jury of their peers.
Which right is protected by the Seventh Amendment?
The right to a jury trial and a fair hearing.
