Every American is guaranteed a right to a trial by a jury of their peers in a court of law, thanks to the Seventh Amendment of the United States Constitution. However, almost all criminal cases are settled out of court, and of the ones that go to trial, many choose to forego a jury trial in favor of a “bench trial” instead. Why is it that, despite having this right, so few criminal defendants choose to have a jury trial?
A jury trial refers to a process where a trial is conducted in front of a group of people, known as jurors, who act as the determiners of fact in each case. Each jury in a criminal case consists of a minimum of twelve jurors who hear the case presented by both the prosecutor and the defense, and ultimately convene to decide on the defendant’s innocence or guilt. This is compared to a bench trial, where the trial is done solely before a judge, who acts as the sole determiner of fact.
The decision about whether to go to a jury trial is a twofold process. First, you must decide if you would prefer to take a plea deal rather than going to trial. While taking a plea deal almost certainly guarantees you’ll need to be incarcerated or go on probation, the sentences for plea deals tend to be significantly less harsh than the penalties for getting convicted at trial. Additionally, if you plead out, you don’t need to go through the entire legal process of going to a trial, which often takes months or even years. On the other hand, if you prevail at trial, you get no prison or probation at all, so you need to consider whether you want to take the risk of a trial.
The second part of the decision is whether to take advantage of your right to a jury trial or go with a bench trial instead. On the one hand, juries tend to be less legally sophisticated than lawyers and judges, meaning it’s easier to appeal to their sympathy than it would be to a judge. On the other hand, they’re also more likely to turn against a defendant they find unlikeable, regardless of the evidence or the law. In the end, it’s a decision every defendant and their attorney must make in the course of their case.
If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
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