When is jury used

Unfortunately for defendants, the Supreme Court has held that the jury-trial right doesn't apply in this circumstance. In one case before the Court, the defendant had been charged with two counts of obstructing the mail, each count providing a maximum of six months in jail. The Court found that the defendant had no jury-trial right. Lewis v. The Supreme Court's determination of what constitutes a serious offense and thereby entitles one to a jury trial sets a minimum standard.

In other words, states must provide jury trials if an offense is serious under the Court's standard. But they are free to guarantee jury trials to defendants when the crimes aren't sufficiently serious under the federal standard. Benitez v. Dunevant , Ariz. It's possible that the decision as to whether to go to trial will rest largely on whether a judge or a jury will be the fact finder. To learn about the applicable law in your jurisdiction, consult an experienced criminal defense lawyer.

Such a lawyer can also inform you of any other relevant considerations. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. The Right to Trial by Jury. Serious Offenses Only According to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. Blanton v. When a jury consists of more than 12 members, only 12 are selected to consider the verdict.

A Court Garda or other official is required to keep the jury together until the verdict is reached. The jury is taken into the jury room and allowed no outside communication at all, with the exception of notes to the Court Registrar. They may keep a copy of the indictment, the exhibits and their notes. Jurors may send out notes asking for the law to be further explained or for the judge to remind them of the details of the evidence.

In reaching its verdict in a criminal trial , the jury must be satisfied that the person is guilty beyond reasonable doubt. Beyond reasonable doubt means that if there are two reasons given in the case and both are possible explanations for what happened, taken together with the evidence presented, the jury should give the person the benefit of the doubt and decide on a verdict of not guilty. If the case is a civil one, the jury must be satisfied with its verdict on the balance of probabilities.

It is not necessary that a jury be unanimous in its verdict. In a criminal case, a verdict need not be unanimous where there are not fewer than 11 jurors if 10 of them agree on a verdict after considering the case for a reasonable time not less than two hours. In a civil trial, a verdict may be reached by a majority of 9 of the 12 members. When the jury has reached its decision, it will return to the court and the verdict will be read out by the foreman or forewoman.

The jury has no role in sentencing. This decision is left up to the judge following submissions made by both sides. Under current public health restrictions , court business has been reduced. You can access the latest announcements on court sittings on the Courts Service website. High Court : cases involving defamation, false imprisonment, malicious prosecution and cases alleging fraud. A jury of 12 members will be used.

County court : cases involving defamation, false imprisonment, malicious prosecution and any cases alleging fraud. A jury of eight members will be used in these cases. The most common and important use of a jury today is in Crown Court where they decide on criminal matters that involve the necessary finding of either guilty or not guilty. Other cases that find their way to Crown Court may be discharged by the judge and therefore leave no need for a jury.

Juries are only used in a limited number of civil cases. However, they have a dual role when they are used. The jury will decide upon the facts of the case to find out whether the claimant has proved his case or not.

If they conclude that the claimant has won, they will then decide what damages are awarded and on what scale. The County Courts Act sets out the following guidelines on when a jury should be used for a civil trial.