Also known as: trial by country · trial per pais · jury trial
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding in which a jury of community members determines the facts of a case after hearing evidence presented by the parties.
Select any source to read its text and confirm it supports the definition.
Travis Tate faced criminal charges and met with his lawyer to discuss strategy. The lawyer explained the available options for resolving the case. Travis decided to proceed with a jury rather than waive that right in favor of a judge alone.
Tiffany Torres stood trial on theft charges. After the jury was selected and sworn in, the prosecution attempted to dismiss the case and refile identical charges weeks later. The court barred the second prosecution because jeopardy had already attached.
Tyrone Tran prevailed in a personal injury suit tried to a jury. The defendant moved for a new trial, claiming the verdict was against the weight of the evidence. The court evaluated whether any ground traditionally recognized for granting a new trial after a jury verdict existed.
Thaddeus Tran was charged with a federal crime and wished to forgo a jury. He executed a written waiver and obtained the required consents. The case then proceeded to a bench trial before the judge.
Theo Thomas, a civilian, was arrested during a period of declared martial law. Civilian courts remained open and functioning. The government attempted to try him before a military tribunal, but the court held that he retained the right to a jury trial in a civilian court.
Tracy Torres ran a television commercial depicting herself arguing before a jury. In reality she had never completed a jury trial. The disciplinary board found the advertisement created a false impression of her experience and imposed sanctions.
Jeopardy attaches when the jury is empaneled and sworn. After that point the defendant is generally protected against retrial for the same offense.
Supporting sources
No. The client holds the decision whether to waive a jury trial in a criminal case. The lawyer must abide by that decision after consultation.
Supporting sources
The defendant must waive the jury trial in writing. The government must consent and the court must approve.
Supporting sources
…his accusation as a lie. Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty. This is not what the Sixth Amendment prescribes. B The legacy of Roberts in other courts vindicates the Framers' wisdom in rejecting a…