Questions tagged [bench-trial]
The bench-trial tag has no usage guidance.
7
questions
2
votes
1answer
86 views
Can a retrial admit evidence given in the original trial?
Say there was a criminal trial, and the verdict was later set aside on appeal due to some critical procedure errors happened during questioning of one specific witness (out of many). For example, a ...
0
votes
2answers
75 views
Can a US criminal bench trial be conducted without a defendant's jury waiver?
In 1980, the Court of Appeals of the Third Circuit ruled that the Fifth Amendment's due-process clause overrides the Seventh Amendment right to a jury trial in complex civil cases. This opinion was in ...
5
votes
3answers
242 views
When and why are jury trials preferred to bench trials of criminal charges?
A jury trial consists of a judge, who is the arbiter of law, and a jury, which is the "fact-finder."
A bench trial consists only of a judge, who determines questions of both law and fact to ...
22
votes
3answers
9k views
How can Edward Snowden be denied a jury trial?
Is the US right to a trial by jury a conditional right which can be revoked preemptively?
It was my understanding the US Constitution allowed anyone accused of a crime to be judged by a peer jury. ...
1
vote
1answer
391 views
Are damages in civil cases assessed by the judge or the jury?
In common law countries, criminal cases are usually tried by jury, but the judge is responsible for sentencing. Even in the United States, where there is a constitutional right to a criminal trial by ...
4
votes
1answer
2k views
Any solid research on error rate of criminal conviction system: jury vs judges?
To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly ...
1
vote
1answer
11k views
Under what circumstances do civil cases go before juries in the U.S.?
In a criminal case, per Rule 23, either party may demand a jury trial (and the defendant usually does).
A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances ...
