Essay Example on Jury Trial: Advantages Over Bench Trial

Introduction

At the time of trying a case, there are always a few options. While a jury mostly decides criminal cases, civil cases often have to be decided by either a judge or a jury (Hessick & Berry III, 2019). In this case, I have been charged with mail fraud and have decided to take the case to trial. This essay focuses on discussing why I would select a jury over a bench trial based on the advantages that come with it.

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Jury Trial Over Bench Trial

My best choice is jury trial since the degree of evidence in a civil case tends to be lower compared to a criminal case (Neubauer & Fradella, 2018). Juries, unlike judges, do not have a firm understanding on the weight of evidence and how the charge can change primarily on defenses and evidence, that are made in the event of the case. The jury adheres to and understands the burden of something is more likely than not.

Benefits and Advantages to my selection

Most juries will find plaintiffs and have indicated a preponderance of the evidence that favored their place in a case; which had survived to the point of going to trial, allowing juries to maximize available recovery and not deal with the legal intricacies of each possible defense needed to be overcome. Also, communicating with a jury is much easier than judges; hence, they tend to be more comfortable audiences (Neubauer & Fradella, 2018). Juries listen to how the drama unfolds through the testimony and arguments, and make decisions based on what they believe has to win based on the given situations.

Why I Would Not Select Bench Trial

In a bench trial, the innocence of a person is determined by whether the judge believes they are very fair, and the only time an individual might win a trial is if the defense attorney is well aware of how the judge tries his cases (Neubauer & Fradella, 2018). In the jury, an individual right is hard fought and hard-won, and a person does not surrender unless their circumstance is unusual.

I Believe that Emotions Can influence a Jury but a Judge Cannot

While a judge determines innocence and guilt based on what they think is very fair, they also have heard many arguments on similar cases, and they are less likely to be moved by an individual's personal story (Hessick & Berry III, 2019). A jury uses emotional arguments to mitigate the situations in a case and to make better arguments (Hessick & Berry III, 2019). Their passions move juries, hence a compelling story at the hands of a defendant can be better awarded in a jury than a judge would grant.

Conclusion

In criminal prosecutions, the sixth amendment of the United States constitution has provided the rights to a jury trial. While most people tend to prefer a jury over a bench trial, both have their distinct pitfalls and advantages depending on the magnitude of a case. In any trial, an individual will have to choose either a judge or a jury to decide their case, based on the advantages they are set to gain.

References

Hessick, C. B., & Berry III, W. W. (2019). Sixth Amendment Sentencing After Hurst. UCLA L. Rev., 66, 448. Retrieved from https://heinonline.org/HOL/LandingPage?handle=hein.journals/uclalr66&div=14&id=&page=

Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system. Cengage Learning. Retrieved from https://books.google.co.ke/books?hl=en&lr=&id=eg9EDwAAQBAJ&oi=fnd&pg=PP1&dq=Sixth+Amendment+to+the+U.S.+Constitution,+Criminal+or+Civil&ots=-uPxPtmyWQ&sig=Z0yYpvg2mhn-SDHCwD1YqP6akcc&redir_esc=y#v=onepage&q=Sixth%20Amendment%20to%20the%20U.S.%20Constitution%2C%20Criminal%20or%20Civil&f=false