39 votes
Accepted

How can Edward Snowden be denied a jury trial?

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 ...
user6726's user avatar
  • 215k
15 votes
Accepted

Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?

While the right to a jury trial is waiveable, in order to have a bench trial in a federal district court, the court and prosecutor generally must agree. before any waiver can become effective, the ...
Jen's user avatar
  • 54.8k
13 votes

How can Edward Snowden be denied a jury trial?

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 ...
hszmv's user avatar
  • 23k
9 votes
Accepted

Any solid research on error rate of criminal conviction system: jury vs judges?

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 ...
ohwilleke's user avatar
  • 213k
7 votes
Accepted

When and why are jury trials preferred to bench trials of criminal charges?

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 – ...
ohwilleke's user avatar
  • 213k
6 votes

Under what circumstances do civil cases go before juries in the U.S.?

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 ...
ohwilleke's user avatar
  • 213k
5 votes

When and why are jury trials preferred to bench trials of criminal charges?

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 ...
bdb484's user avatar
  • 58.9k
4 votes
Accepted

Can a retrial admit evidence given in the original trial?

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,...
Trish's user avatar
  • 39.3k
2 votes
Accepted

Are damages in civil cases assessed by the judge or the jury?

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 ...
sjy's user avatar
  • 9,178
2 votes

When and why are jury trials preferred to bench trials of criminal charges?

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 ...
user6726's user avatar
  • 215k
2 votes

Can a US criminal bench trial be conducted without a defendant's jury waiver?

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 ...
user6726's user avatar
  • 215k
2 votes

When is evidence deemed adduced in bench (judge-alone) criminal trials?

In a criminal trial, any document that is admitted in evidence should be explicitly identified by the judge as an exhibit. In the given scenario, the witness statement did not become an exhibit, so S2 ...
sjy's user avatar
  • 9,178
1 vote

Can a US criminal bench trial be conducted without a defendant's jury waiver?

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, ...
ohwilleke's user avatar
  • 213k
1 vote

How can Edward Snowden be denied a jury trial?

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 ...
J Doe's user avatar
  • 119

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