Trial by jury in the United States
Encyclopedia
Trial by jury in the United States of America is a fundamental part of the American justice system. It has been speculated that jury trials encourage harsh punishment in the United States.
of "depriving us in many cases, of the benefits of trial by jury," and Article III of the U.S. Constitution states that all trials shall be by jury. The right was expanded with the Sixth Amendment to the United States Constitution
, which states in part, "In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial
, by an impartial jury of the state and district wherein the crime shall have been committed," and the Seventh Amendment to the United States Constitution
, which guarantees a jury trial in civil cases. Both provisions were made applicable to the states through the Fourteenth Amendment
.
The U.S. Supreme Court has noted:
, which states in part, "The Trial of all Crimes...shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed." Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have eliminated that right in offenses punishable by fine only. The Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required , meaning a state may choose whether or not to permit trial by jury in such cases.
Specifically, the Supreme Court has held that no offense can be deemed 'petty' for purposes of the right to trial by jury where imprisonment for more than six months is authorized. Justice Black
and Justice Douglas
concurred, stating that they would have required a jury trial in all criminal proceedings in which the sanction imposed bears the indicia of criminal punishment. Chief Justice Burger, Justice Harlan
and Justice Stewart
objected to setting this limitation at six months for the States, preferring to give them greater leeway. No jury trial was required when the trial judge suspended sentence and placed defendant on probation for three years. There is a presumption that offenses carrying a maximum imprisonment of six months or less are petty, although it is possible that such an offense could be pushed into the serious category if the legislature tacks on onerous penalties not involving incarceration. No jury trial is required, however, when the maximum sentence is six months in jail, a fine not to exceed $1,000, a 90-day driver's license suspension, and attendance at an alcohol abuse education course. The Supreme Court found that the disadvantages of such a sentence, "onerous though they may be, may be outweighed by the benefits that result from speedy and inexpensive nonjury adjudications." Such interpretations have been criticized on the grounds that "all" is not a word that constitution-makers use lightly.
In the case of traffic offenses punishable by fine only (including parking tickets), and misdemeanor charges providing for imprisonment of six months or less, the availability of trial by jury varies from state to state, usually providing only for bench trial
s. The two exceptions are Vermont
and Virginia
, which provide the defendant with the right to a jury trial in all cases, which means if one is willing to pay the cost in case of a loss, one may even obtain a jury trial for a parking ticket in those states. In Virginia, one wanting a jury trial on a minor misdemeanor or traffic offense would actually have a right to two trials if they wanted a jury trial on the issue, first by bench trial only in District court, and then, if they lost, to a trial de novo
in Circuit court, this time with a jury if they chose to do so.
In the cases Apprendi v. New Jersey
, , and Blakely v. Washington
, , the Supreme Court of the United States
held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines. This invalidated the procedure in many states and the federal courts
that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone. Depending upon the state a jury must be unanimous for either a guilty or not guilty decision. In the event of a hung jury
, charges against the defendant are not dropped and can be reinstated if the state so chooses. In the federal system, a unanimous verdict is required.
Many juvenile court
systems do not recognize a right to jury trial, on the grounds that juvenile proceedings are civil rather than criminal, and that jury trials would cause the process to become adversarial.
through voter registration and drivers' license lists. A form is sent to prospective jurors to pre-qualify them by asking the recipient to answer questions about citizenship, disabilities, ability to understand the English language, and whether they have any conditions that would excuse them from being a juror. If they are deemed qualified, a summons is issued. In the federal system, jurors are selected in accordance with the Jury Selection Act.
; civil law
is the branch of common law dealing with non-criminal actions. It should not be confused with legal system of civil law
.
The right to trial by jury in a civil case is addressed by the 7th Amendment
, which provides: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." In Joseph Story
's 1883 treatise Commentaries on the Constitution of the United States, he wrote, "[I]t is a most important and valuable amendment; and places upon the high ground of constitutional right the inestimable privilege of a trial by jury in civil cases, a privilege scarcely inferior to that in criminal cases, which is conceded by all to be essential to political and civil liberty." Nearly every state constitution contains a similar guarantee.
The 7th Amendment does not guarantee or create any right to a jury trial; rather, it "preserves" the right to jury trial that existed in 1791 at common law. In this context, common law means the legal environment the United States inherited from England at the time. In England in 1791, civil actions were divided into actions at law and actions in equity. Actions at law had a right to a jury, actions in equity did not. Federal Rules of Civil Procedure
Rule 2 says "[t]here is one form of action - the civil action[,]" which abolishes the legal/equity distinction. Today, in actions that would have been "at law" in 1791, there is a right to a jury; in actions that would have been "in equity" in 1791, there is no right to a jury. However, Federal Rule of Civil Procedure 39(c) allows a court to use one at its discretion. To determine whether the action would have been legal or equitable in 1791, one must first look at the type of action and whether such an action was considered "legal" or "equitable" in 1791. Next, the relief being sought must be examined. Monetary damages alone were purely a legal remedy, and thus entitled to a jury. Non-monetary remedies such as injunctions, rescission
, and specific performance
were all equitable remedies, and thus up to the judge's discretion, not a jury. In Beacon Theaters v. Westover, , the U.S. Supreme Court discussed the right to a jury, holding that when both equitable and legal claims are brought, the right to a jury trial still exists for the legal claim, which would be decided by a jury before the judge ruled on the equitable claim.
The decision in Rachal v. Hill, indicated that 7th Amendment right to jury trial may severely limit developments in the principles of res judicata
. Some critics believe that the United States has more trial by jury than is necessary or desirable.
The right to a jury trial is determined based upon the complaint brought by a Plaintiff, without regard to the defenses or counterclaims asserted by a defendant.
The right to a jury trial in civil cases does not extend to the states, except when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part.
Following the English tradition, U.S. juries have usually been composed of 12 jurors, and the jury's verdict has usually been required to be unanimous. However, in many jurisdictions, the number of jurors is often reduced to a lesser number (such as five or six) by legislative enactment, or by agreement of both sides. Some jurisdictions also permit a verdict to be returned despite the dissent of one, two, or three jurors. Federal Rule of Civil Procedure 48 states that a federal civil jury must begin with at least 6 and no more than 12 members, and that the verdict must be unanimous unless the parties stipulate otherwise. In Colgrove v. Battin
, , the Supreme Court held that a civil jury of six members did not violate the Seventh Amendment right to trial by jury in a civil case.
Alternative dispute resolution
is becoming increasingly common. Mandatory binding arbitration has been used by some parties to prevent the 7th Amendment right to a civil jury trial from being invoked. Arbitration agreements are becoming increasingly common in the marketplace, to the point at which it is becoming difficult for consumers to purchase products without waiving their right to settle disputes arising out of the transaction by jury trial. It has been argued that arbitration clauses should be held to a higher knowing-consent standard in order to be upheld.
It has been suggested that in complex litigation, the jury's inability to comprehend the issues may cause the 7th Amendment right to conflict with due process
rights and authorize the judge to strike the jury.
The right to trial by jury in bankruptcy
cases has been described as unclear.
cases are not concluded with a jury verdict, but rather by plea bargain
. Both prosecutor
s and defendant
s often have a strong interest in resolving the criminal case by negotiation
resulting in a plea bargain. If the defendant waives a jury trial, a bench trial
is held. Research indicates there is not a consistent difference between penalties handed down in jury trials and those handed down in bench trials.
In United States Federal courts, there is no absolute right to waive a jury trial. Per Federal Rule of Criminal Procedure 23(a), only if the prosecution and the court consent may a defendant have a waiver of jury trial. However, most states give the defendant the absolute right to waive a jury trial. The right to a jury trial is exclusively that of the criminal defendant; where one has the right to waive a jury trial, and does so, the prosecution cannot ask for one. In Patton v. United States, , one of the jurors became incapacitated and counsel for the defendant and the government agreed to continue with 11 jurors. The U.S. Supreme Court ruled that this was acceptable, and that the presence of the one juror could not be waived unless the entire jury could be dispensed with as well.
s current, and obtain better and more efficient administration of justice. Research indicates that while civil trials may proceed more slowly before a jury, judge-tried cases last longer on the docket.
Proposals to abolish the jury system have been criticized on the grounds that only reform, not abolition, is necessary; and that there is no better alternative system. Juror ignorance has been described as a potential threat to justice; for instance, one study found that 50% of jurors surveyed thought that it was up to the defendant to prove his innocence. The growing use of administrative procedures and of the contempt power to enforce law has been cited as evidence that trial by jury is facing a period of critical re-examination.
History
The U.S. Declaration of Independence accused George III of the United KingdomGeorge III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
of "depriving us in many cases, of the benefits of trial by jury," and Article III of the U.S. Constitution states that all trials shall be by jury. The right was expanded with the Sixth Amendment to the United States Constitution
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
, which states in part, "In all criminal prosecutions, the accused shall enjoy the right to a speedy
Speedy trial
Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair...
and public trial
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
, by an impartial jury of the state and district wherein the crime shall have been committed," and the Seventh Amendment to the United States Constitution
Seventh Amendment to the United States Constitution
The Seventh Amendment to the United States Constitution, which was ratified as part of the Bill of Rights, codifies the right to a jury trial in certain civil cases. However, in some civil cases, the Supreme Court has not incorporated the right to a jury trial to the states in the fashion which...
, which guarantees a jury trial in civil cases. Both provisions were made applicable to the states through the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
The U.S. Supreme Court has noted:
Availability of jury trial in criminal and similar cases
Currently in the United States every person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury, which arises in federal court from Article Three of the United States ConstitutionArticle Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
, which states in part, "The Trial of all Crimes...shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed." Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have eliminated that right in offenses punishable by fine only. The Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required , meaning a state may choose whether or not to permit trial by jury in such cases.
Specifically, the Supreme Court has held that no offense can be deemed 'petty' for purposes of the right to trial by jury where imprisonment for more than six months is authorized. Justice Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
and Justice Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
concurred, stating that they would have required a jury trial in all criminal proceedings in which the sanction imposed bears the indicia of criminal punishment. Chief Justice Burger, Justice Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
and Justice Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
objected to setting this limitation at six months for the States, preferring to give them greater leeway. No jury trial was required when the trial judge suspended sentence and placed defendant on probation for three years. There is a presumption that offenses carrying a maximum imprisonment of six months or less are petty, although it is possible that such an offense could be pushed into the serious category if the legislature tacks on onerous penalties not involving incarceration. No jury trial is required, however, when the maximum sentence is six months in jail, a fine not to exceed $1,000, a 90-day driver's license suspension, and attendance at an alcohol abuse education course. The Supreme Court found that the disadvantages of such a sentence, "onerous though they may be, may be outweighed by the benefits that result from speedy and inexpensive nonjury adjudications." Such interpretations have been criticized on the grounds that "all" is not a word that constitution-makers use lightly.
In the case of traffic offenses punishable by fine only (including parking tickets), and misdemeanor charges providing for imprisonment of six months or less, the availability of trial by jury varies from state to state, usually providing only for bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
s. The two exceptions are Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
and Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, which provide the defendant with the right to a jury trial in all cases, which means if one is willing to pay the cost in case of a loss, one may even obtain a jury trial for a parking ticket in those states. In Virginia, one wanting a jury trial on a minor misdemeanor or traffic offense would actually have a right to two trials if they wanted a jury trial on the issue, first by bench trial only in District court, and then, if they lost, to a trial de novo
Trial de novo
In law, the expression trial de novo means a "new trial" by a different tribunal...
in Circuit court, this time with a jury if they chose to do so.
In the cases Apprendi v. New Jersey
Apprendi v. New Jersey
Apprendi v. New Jersey , , was a United States Supreme Court decision. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts...
, , and Blakely v. Washington
Blakely v. Washington
Blakely v. Washington, 542 U.S. 296 , held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant...
, , the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines. This invalidated the procedure in many states and the federal courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone. Depending upon the state a jury must be unanimous for either a guilty or not guilty decision. In the event of a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
, charges against the defendant are not dropped and can be reinstated if the state so chooses. In the federal system, a unanimous verdict is required.
Many juvenile court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
systems do not recognize a right to jury trial, on the grounds that juvenile proceedings are civil rather than criminal, and that jury trials would cause the process to become adversarial.
Jury selection
Jurors in some states are selectedJury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
through voter registration and drivers' license lists. A form is sent to prospective jurors to pre-qualify them by asking the recipient to answer questions about citizenship, disabilities, ability to understand the English language, and whether they have any conditions that would excuse them from being a juror. If they are deemed qualified, a summons is issued. In the federal system, jurors are selected in accordance with the Jury Selection Act.
Civil trial procedure
In the United States, a civil action is a lawsuitLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
; civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
is the branch of common law dealing with non-criminal actions. It should not be confused with legal system of civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
.
The right to trial by jury in a civil case is addressed by the 7th Amendment
Seventh Amendment to the United States Constitution
The Seventh Amendment to the United States Constitution, which was ratified as part of the Bill of Rights, codifies the right to a jury trial in certain civil cases. However, in some civil cases, the Supreme Court has not incorporated the right to a jury trial to the states in the fashion which...
, which provides: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." In Joseph Story
Joseph Story
Joseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...
's 1883 treatise Commentaries on the Constitution of the United States, he wrote, "[I]t is a most important and valuable amendment; and places upon the high ground of constitutional right the inestimable privilege of a trial by jury in civil cases, a privilege scarcely inferior to that in criminal cases, which is conceded by all to be essential to political and civil liberty." Nearly every state constitution contains a similar guarantee.
The 7th Amendment does not guarantee or create any right to a jury trial; rather, it "preserves" the right to jury trial that existed in 1791 at common law. In this context, common law means the legal environment the United States inherited from England at the time. In England in 1791, civil actions were divided into actions at law and actions in equity. Actions at law had a right to a jury, actions in equity did not. Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
Rule 2 says "[t]here is one form of action - the civil action[,]" which abolishes the legal/equity distinction. Today, in actions that would have been "at law" in 1791, there is a right to a jury; in actions that would have been "in equity" in 1791, there is no right to a jury. However, Federal Rule of Civil Procedure 39(c) allows a court to use one at its discretion. To determine whether the action would have been legal or equitable in 1791, one must first look at the type of action and whether such an action was considered "legal" or "equitable" in 1791. Next, the relief being sought must be examined. Monetary damages alone were purely a legal remedy, and thus entitled to a jury. Non-monetary remedies such as injunctions, rescission
Rescission
In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract .-In court:Rescission is an...
, and specific performance
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
were all equitable remedies, and thus up to the judge's discretion, not a jury. In Beacon Theaters v. Westover, , the U.S. Supreme Court discussed the right to a jury, holding that when both equitable and legal claims are brought, the right to a jury trial still exists for the legal claim, which would be decided by a jury before the judge ruled on the equitable claim.
The decision in Rachal v. Hill, indicated that 7th Amendment right to jury trial may severely limit developments in the principles of res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
. Some critics believe that the United States has more trial by jury than is necessary or desirable.
The right to a jury trial is determined based upon the complaint brought by a Plaintiff, without regard to the defenses or counterclaims asserted by a defendant.
The right to a jury trial in civil cases does not extend to the states, except when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part.
Following the English tradition, U.S. juries have usually been composed of 12 jurors, and the jury's verdict has usually been required to be unanimous. However, in many jurisdictions, the number of jurors is often reduced to a lesser number (such as five or six) by legislative enactment, or by agreement of both sides. Some jurisdictions also permit a verdict to be returned despite the dissent of one, two, or three jurors. Federal Rule of Civil Procedure 48 states that a federal civil jury must begin with at least 6 and no more than 12 members, and that the verdict must be unanimous unless the parties stipulate otherwise. In Colgrove v. Battin
Colgrove v. Battin
Colgrove v. Battin, 413 U.S. 149 , was a case decided by the Supreme Court of the United States ruling that six person civil juries were constitutional.-External links:*...
, , the Supreme Court held that a civil jury of six members did not violate the Seventh Amendment right to trial by jury in a civil case.
Alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
is becoming increasingly common. Mandatory binding arbitration has been used by some parties to prevent the 7th Amendment right to a civil jury trial from being invoked. Arbitration agreements are becoming increasingly common in the marketplace, to the point at which it is becoming difficult for consumers to purchase products without waiving their right to settle disputes arising out of the transaction by jury trial. It has been argued that arbitration clauses should be held to a higher knowing-consent standard in order to be upheld.
It has been suggested that in complex litigation, the jury's inability to comprehend the issues may cause the 7th Amendment right to conflict with due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
rights and authorize the judge to strike the jury.
The right to trial by jury in bankruptcy
Bankruptcy in the United States
Bankruptcy in the United States is governed under the United States Constitution which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has exercised this authority several times since 1801, most recently by adopting the Bankruptcy...
cases has been described as unclear.
Waiver of jury trial
The vast majority of U.S. criminalCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
cases are not concluded with a jury verdict, but rather by plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
. Both prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s and defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s often have a strong interest in resolving the criminal case by negotiation
Negotiation
Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy...
resulting in a plea bargain. If the defendant waives a jury trial, a bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
is held. Research indicates there is not a consistent difference between penalties handed down in jury trials and those handed down in bench trials.
In United States Federal courts, there is no absolute right to waive a jury trial. Per Federal Rule of Criminal Procedure 23(a), only if the prosecution and the court consent may a defendant have a waiver of jury trial. However, most states give the defendant the absolute right to waive a jury trial. The right to a jury trial is exclusively that of the criminal defendant; where one has the right to waive a jury trial, and does so, the prosecution cannot ask for one. In Patton v. United States, , one of the jurors became incapacitated and counsel for the defendant and the government agreed to continue with 11 jurors. The U.S. Supreme Court ruled that this was acceptable, and that the presence of the one juror could not be waived unless the entire jury could be dispensed with as well.
Criticism
It has been proposed that the federal civil jury system be abolished in order to clean up the backlog of cases, keep court calendarCourt calendar
A docket in the United States is the official summary of proceedings in a court of law. In the United Kingdom in modern times it is an official document relating to delivery of something, with similar meanings to these two elsewhere...
s current, and obtain better and more efficient administration of justice. Research indicates that while civil trials may proceed more slowly before a jury, judge-tried cases last longer on the docket.
Proposals to abolish the jury system have been criticized on the grounds that only reform, not abolition, is necessary; and that there is no better alternative system. Juror ignorance has been described as a potential threat to justice; for instance, one study found that 50% of jurors surveyed thought that it was up to the defendant to prove his innocence. The growing use of administrative procedures and of the contempt power to enforce law has been cited as evidence that trial by jury is facing a period of critical re-examination.