Also known as: trial per pays · jury trial
Written by attorneys · grounded in primary & secondary sources — see below
A jury trial in which lay jurors selected from the community determine the facts after hearing evidence and receiving instructions on the law from the court.
Tiffany Torres faced criminal charges and met with her lawyer to discuss strategy. The lawyer explained the risks and benefits of proceeding before a judge instead of jurors. Torres decided to waive the jury after consultation. The lawyer documented the choice and the court accepted the waiver.
Travis Tate's jury was selected and sworn in for his theft trial. The prosecution later dismissed the case due to a witness problem. When the state attempted to recharge Tate for the same offense, the court barred the second prosecution because jeopardy had already attached.
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Theresa Tucker prevailed at a jury trial on her contract claim against Tundra Resources. The company moved for a new trial citing errors in the admission of evidence. The court granted the motion and ordered a fresh jury trial on the disputed issues.
Thaddeus Tran was charged with a federal crime and wished to proceed without jurors. He signed a written waiver after discussing the choice with counsel. The government consented and the court approved the waiver, so the case went to a bench trial.
Tiana Tan, a civilian shop owner, was arrested during a period of declared martial law. Military authorities tried her by court-martial even though local civilian courts remained open. The reviewing court vacated the conviction because the military proceeding violated her right to a jury trial in a civilian forum.
Tessa Takahashi ran a television commercial depicting herself arguing before a jury. In reality she had never completed a jury trial. A disciplinary board found the ad misleading and imposed sanctions for creating a false impression of her trial experience.
Jeopardy attaches when the jury is empaneled and sworn. After that point the defendant is protected against retrial for the same offense.
No. The lawyer must abide by the client's decision on whether to waive a jury trial in a criminal case after consultation.
The defendant must waive the jury trial in writing. The government must consent and the court must approve the waiver.
A court may grant a new trial after a jury verdict for any reason for which a new trial has been granted in an action at law.
Yes. Such an advertisement is misleading and subject to discipline when it creates a false impression about the lawyer's actual jury trial experience.
…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…