38

The trial at issue is a civil trial over the publication of his book Permanent Record and the non-disclosure agreement that he signed connected to his employment, see the DoJ announcement, which also notes that this is separate from a future espionage trial. The remedy sought involves no imprisonment. In the US, the constitutional right to a jury trial ...


13

A judge only trial (aka a bench trial) is possible in the United States, though it must be requested by the defense (essentially the defense waives its right to trial by jury, in which case the judge acts as both trier of law (his or her usual role) and trier of fact (the jury's usual role). A court case may be partially sealed so as to discuss evidence of ...


8

It is hard to measure accuracy in absolute terms because figuring out the truth is the problem that trials seek to solve in the first place. This is especially true of cases that go to trial. Cases that are almost sure to be resolved one way or the other by any tier of fact generally plea bargain (in criminal cases) or settle prior to trial (in civil cases). ...


6

A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances is a civil case likely to go to a jury trial, and under what circumstances can a party either demand, or prevent a jury trial (aside from a contract where both parties waive their rights to a jury trial)? In federal court, there is a right to a jury trial ...


5

Every case is different, of course, but there could be lots of reasons to go with a bench trial: Bench trials are cheaper. Bench trials are faster. Bench trials are simpler. Bench trials are more informal. The factual or legal issues at play are sufficiently complex that the defendant would prefer someone experienced with them. The defendant is concerned ...


5

In the overwhelming majority of criminal trials for felonies, and a very large share of misdemeanor and traffic trials, criminal defendants, following the advise of their criminal defense attorneys – who have a good knowledge of the system – overwhelmingly choose jury trials. (Even though criminal defense attorneys may personally have reasons to prefer bench ...


4

Yes - all evidence needs to undergo evaluation If there is ground for a Retrial or New Trial on the lower court level, that starts everything in the trial from 0. The whole matter is looked at de novo, which means as if there had never been any trial before. 1 All evidence is put on the record (again), motions to suppress or exclude evidence are evaluated (...


2

Generally, in common law countries civil cases are now tried by judge alone (a bench trial). However, some civil cases are still tried by jury, and in those cases the general rule is that the jury determines the quantum of damages, subject to the usual rights of appeal from discretionary decisions. Here are some references for four major common law ...


2

The reasons to prefer a jury trial are not, IMO, based on cold hard fact, I believe they are based on an assumption of juror sympathy and increased opportunities for appeal based on the complications posed by juries. E.g. when there are no jury instructions to read, defense cannot object that a certain instruction was not read or that the instruction was ...


2

In Japanese Electronics, both sides have rights that are equally protected by the Constitution. The court then had to decide which motion to grant. In a criminal prosecution, the prosecution and the defendant do not have equal rights: while the defendant has a Constitutional right to a jury trial, the prosecution has no right pertaining to jury versus bench ...


1

Background The decision in In re Japanese Electronics, 631 F.2d 1069 (3d Cir. 1980). Critically, the procedural posture of the case was that: Fourteen of the defendants moved to strike the demands, arguing that the case is too large and complex for a jury. The district court denied their motion, concluding that the seventh amendment does not recognize the ...


1

Snowden is talking about being denied the right to argue a public interest defense before a jury. Snowden is being charged under the Espionage Act of 1917, which denies him the right to argue in front of a jury that the public has a right to know that its government is illegally operating a vast, secret and lawless global surveillance regime, also known as ...


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