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A bench trial is a trial by judge, as opposed to a jury. [1] The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman , Islamic ) use bench trials for most or all cases or for certain types of cases.
If the defendant is charged with crimes for which the authorized sentence exceeds six months, whether in state or federal court, the defendant has a right to a jury. [58] Further, the defendant has a right to a trial by jury if the actual sentence exceeds six months and the charged crime has no maximum authorized sentence (e.g. contempt of court).
It was held that in the first trial, since the defense had not presented any evidence that there was no robbery, the jury's acquittal had to be based on the conclusion that the defendant's alibi was valid. Since one jury had held that the defendant was not present at the crime scene, the State could not re-litigate the issue. [8]
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
It has been held that twelve came to be the number of jurors by "historical accident", and that a jury of six would be sufficient, [5] but anything less would deprive the defendant of a right to trial by jury. [6] In Ramos v. Louisiana (2020), the Court ruled that the Sixth Amendment mandates unanimity in all federal and state criminal jury ...
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems
A citizen's right to a trial by jury is a central feature of the United States Constitution. [1] It is considered a fundamental principle of the American legal system. Laws and regulations governing jury selection and conviction/acquittal requirements vary from state to state (and are not available in courts of American Samoa), but the fundamental right itself is mentioned five times in the ...
Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial . [ 2 ] Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials.