What could be some disadvantages of having a jury trial?

A jury trial is likely to take more time and, most of the time costs more than a bench trial. Your criminal defense attorney will take more time to evaluate the potential jurors and weigh in concerning jury selection. A jury might not understand an extremely complex case. Juries are known to be unpredictable.

Does the jury determine the outcome?

(In a jury trial, the judge explains to the jury what the applicable law is; the jury then has to apply that law to the evidence and determine the verdict). It is often more difficult to appeal a jury’s decision which considers the evidence and returns with a verdict.

Why is a judge better than a jury?

Judges are unbiased. One reason for choosing a trial by judge over a jury trial is that judges are not biased and are significantly less inclined to let their emotions affect the outcome of a case. It is their responsibility to put their personal feelings aside and only look at the facts of the case.

Why are jury trials removed from civil cases?

Those inefficiencies mean trials take longer and cost more than they would otherwise. Eliminating juries from civil trials would lead to significant savings in litigation costs, both to the parties and to the courts, and these savings could put downward pressure on insurance premiums.

What happens if two juries fail to reach a verdict?

Likely reasons for the jury’s failure to reach a verdict; The views of the police. Where two juries fail to reach a verdict, the presumption is that the prosecution will not seek a third trial unless there are exceptional circumstances. Factors that might justify a third trial include:

How long does the average juror serve on a trial?

The average juror will serve three to four days on trial, and many jurors will be in and out after only a one or two-day commitment. If you are unlucky enough to find yourself on a long, drawn out case (like a serious crime or a major civil dispute), you may end up working on that case for months, but that is very rare.

When does the prosecution not seek a third trial?

Where two juries fail to reach a verdict, the presumption is that the prosecution will not seek a third trial unless there are exceptional circumstances. Factors that might justify a third trial include: jury interference (this may require further investigation for an offence of jury interference); and additional

Is it common for jury trials to be cancelled?

It is not uncommon to have to sit in court for two weeks without ever being called to sit on a case, not least because of the number of trials which are cancelled at short notice. It does have costs for the economy and the State, even though we might disagree about whether that’s a relevant factor in our assessment.

Is the cost of a jury trial irrelevant?

This might all sound like penny-pinching, and for many the cost of a jury system is irrelevant because the right to a jury trial is fundamental, but for those to whom the cost is an important factor in the debate we do have to ask what price we are willing to pay for this system.

Why was the all white jury system abolished?

Juries were abolished in 1969 because the all-white jury system was seen to be prejudicial towards black people, but a mixed race jury would have been a political impossibility. Where a society is particularly divided, then, a fair jury might well be highly unlikely in reality.

Why do we need a jury trial system?

Rather than leaving judgement to someone who doesn’t necessarily live in the ‘real world’ or an arbitrary State, the jury system should make sure that the law is applied in a way that fits with what society would expect.