The U .S. Supreme Court reviews most decisions of lower courts by:
However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury.
The U.S. Supreme Court in applying the doctrine of stare decisis is:
The Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
At a jury trial, the outcome of a case is decided by a group of law-abiding citizens. This is different from a judge trial where the judge makes all decisions. So when given the choice, will you choose a trial by jury or judge? Both have their pros and cons. Let’s take a look at jury trials first.
At a judge trial, also referred to as a bench trial, the judge makes all procedural and evidentiary decisions to determine whether the defendant is guilty or not guilty. This situation can either be beneficial or detrimental, depending on your case. Consider the pros and cons before you make a decision:
Judge trials are often quicker. Judges take significantly less time to reach a decision than juries. This is due to many reasons, but for one, the jury selection process is time-consuming. In addition, jurors require lengthy explanations on various courtroom topics, such as ballistics, toxicology, and law terms in general. As a result, judge trials take less time and can therefore be less expensive if you are paying for a private attorney.
Jurors have more compassion than judges. With a trial by jury, you can use emotional arguments to your advantage , as jurors are more susceptible to being influenced by the personal appeal of an argument or testimony. Based on your case, ordinary people can be much easier to persuade than judges, who are obviously trained to be unbiased and put aside human emotion in the courtroom.
Jurors can be too emotional. For example, a jury trial would not be an ideal choice for a defendant who has a long criminal record or is accused of heinous crimes. It’s not uncommon for jurors to be unfairly swayed by personal emotion. Many people find it challenging to make a decision based solely on evidence and rules.
Jurors can be unpredictable. There will always be uncertainty when a jury is involved. It’s more likely for jurors to misunderstand critical aspects of a case, such as evidence, burden of proof, or even the judge’s instructions. Plus, when you factor in human emotion, there’s no telling how a jury will make a decision.
Judges have a full understanding of the law. Unlike most jurors, judges fully understand all technical terms that are used in the courtroom. A layperson on the jury may not be familiar with phrases such as “beyond a reasonable doubt,” “preponderance of evidence,” or “statute of limitations.”