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What are some reasons a defendant might choose to be tried by a jury of peers?

2006-10-13 10:35:04 · 3 answers · asked by Rivermoon 2 in Social Science Psychology

3 answers

Because they know that if a judge were to decide the case, he'd do so on the law, not on emotion. Guilty people may feel that they can more easily convince a jury they did something in self-defense for example, when they know or have been advised by their lawyer that this defense will be difficult to support with the evidence available.

Conversely, they may opt for a jury trial if they feel the judges in that jurisdiction may lean toward conviction on certain crimes with a lack of evidence, and a jury may be less inclined to convict if the case is flimsy.

Essentially when making this choice, most defendants are gambling on which type of trial gives them the best chance of getting off.

2006-10-13 10:40:36 · answer #1 · answered by Anonymous · 0 0

Probably on the advice of his attorney that the case can be won or at least get a "hung" jury by convincing the right jurors that there is not enough evidence or the right type of evidence to convict the defendent.

Remember, in a criminal trial, the burden is on the state to prove that the defendent is guilty beyond a reasonable doubt.

2006-10-13 10:51:55 · answer #2 · answered by soulguy85 6 · 1 0

You may want a jury if you are facing a charge that the sentence might be lessened because a group of people could sympathize with you and the situation. Judges will more than likely be more judgmental and look at things in black and white only. For instance...say you are abused and kill your husband...the judge looks at whether it was premeditated or an intentional crime and what degree of murder it is. A jury would be apt to consider that you snapped because of being beat up or that you had never committed a crime before.....see the difference?

2006-10-13 10:49:01 · answer #3 · answered by connie777lee 3 · 1 0

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