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Does anyone know how the decision is made to try someone by judge or jury?
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Hello Kandi,
I hope this will help. I provided the link as well.
The defendant often has the legal right choose between a jury or bench trial. When a defendant wishes to request a bench trial, they must do so formally in writing at the appropriate time. For a bench trial to be granted, as requested by a defendant, the court must approve. A court will refuse a bench trial request if they feel it has been chosen to create an impermissible advantage. When considering the right to waive a jury trial, a defendant should discuss the benefits and drawbacks of a bench trial with their attorney.
http://www.criminal-law-lawyer-source.com/terms/bench-trial.html3 members
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