CJ 250 Lecture Notes - Lecture 13: Bench Trial, Jury Trial, Sixth Amendment To The United States Constitution
18 May 2018
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The Jury and the Trial
The Jury
● Bench trials
○ The judge is both trier of fact and trier of law
○ The judge decides on issues of law and whether or not the defendant is guilty
○ Bench trials outnumber jury trials even in felony cases
● Jury trial
○ Defendant’s fate in the hands of several individuals
● History of the jury trial
○ The Normans who conquered England in 1066 also used procedures that set the
stage for modern juries
○ King Henry II (1154-1189) set up a system to resolve land disputes using a jury
of twelve free men
■ Also introduced the concept of the “presenting jury”
● Became one of the precursors to the grand jury system
○ In 1215, King John signed the Magna Carta
■ Article 39 provides some basis for modern juries
○ Early juries were “self-informing”
■ Had preconceived notions going in to the trial
○ American colonists used juries as a means of rallying against unpopular British
laws
■ Solidified a place in the US constitution for trial by jury
The Jury Process
● When the right to a jury trial applies
○ The right was not extended to the states until 1968 in the case of Duncan v.
Louisiana
● Subsequent decisions have restricted this right
○ There is no 6th amendment constitutional right to a jury in noncriminal
proceedings
● Waiving the right to a jury trial
○ There are occasions where a defendant may wish to waive his or her right to a
jury trial
■ If the case is particularly inflammatory or is one with which the community
is intimately familiar, then obtaining a fair jury may be difficult
○ Patton v. US
■ This waiver must be “express and intelligent” as well as voluntary
○ Waiver of the right to a jury trial can be vetoed by the trail judge
○ If the government feels that the jury is the preferable in the sense that it will
produce a fairer result than a bench trial, a veto of the defendant’s waiver of a
jury trial is constitutionally permissible
● Selecting impartial jurors
○ The process behind selecting an impartial jury is rather complicated
○ A list of prospective jurors must be compiled
Document Summary
The judge is both trier of fact and trier of law. The judge decides on issues of law and whether or not the defendant is guilty. Bench trials outnumber jury trials even in felony cases. Defendant"s fate in the hands of several individuals. The normans who conquered england in 1066 also used procedures that set the stage for modern juries. King henry ii (1154-1189) set up a system to resolve land disputes using a jury of twelve free men. Also introduced the concept of the presenting jury . Became one of the precursors to the grand jury system. In 1215, king john signed the magna carta. Article 39 provides some basis for modern juries. Had preconceived notions going in to the trial. American colonists used juries as a means of rallying against unpopular british laws. Solidified a place in the us constitution for trial by jury. When the right to a jury trial applies.
