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Should you request a Jury Trial

Posted by Aaron D. Lawrence | Aug 22, 2022 | 0 Comments

Understanding Your Constitutional Right to a Jury Trial

The 6th Amendment to the Constitution of the United States holds that in all criminal proceedings the accused shall have the right to “an impartial jury of the State and district wherein the crime shall have been committed.” The right to a jury trial is a way to prevent government oppression by having impartial “peers” decide the fate of an accused. It safeguards against heavy-handed and unfair prosecution as well as judges that may have bias. It prevents unchecked power and helps ensure an accused receives justice. 

It is important to remember that the role of the juror is to be the trier of fact. The judge's role is to instruct jurors on what the law is in each case, and following those instructions, the jury is to render only a verdict as to guilt or innocence based on the evidence presented in court. This means the jury, in non-capital cases, plays no part in sentencing.

The right to a jury trial in the 6th Amendment only applies to criminal matters. The 7th Amendment guarantees the right to a trial by jury in certain federal civil matters, but it does not apply to state courts.

Contacting Lawrence Law Firm should be one of your first steps if you have been arrested in North Louisiana. Call us at 318.232.4000 today.

Benefits & Risks of a Jury Trial in a Criminal Case in Louisiana

Jury trials, while guaranteed in criminal cases by the Constitution, do not come without advantages and disadvantages. Some of the benefits of a trial by jury may include:

  • Judges are prevented from having complete control over the outcome of a trial. While still in charge of the law that is applied in a case, the judge is no longer the trier of fact. 
  • Having a jury means more options for an outcome, not only guilty and not guilty but also mistrial in the form of a hung jury. 

Disadvantages to a trial by jury may include:

  • Jurors are laymen, not trained in the law, and if the defendant's best defense is based on a complex legal concept, a trial by judge may be the best option. 
  • Jurors, while in theory are to be impartial, come to the courtroom with their own feelings, thought patterns, and biases. Whatever they hear and see during the trial will be processed based upon their own life experiences and beliefs.  
  • A jury is a group of people that is thrown together, and having a large, varied group come together and pay attention to every critical detail is a difficult task.

How a Criminal Defense Lawyer in North Louisiana Uses Voir Dire Strategically

A defendant has a right to a jury that is fair and impartial. To ensure this right is protected, there is a process known as voir dire which is utilized to screen prospective jurors. An effective criminal defense attorney will know how to use this process to find jurors that may be more sympathetic to their client's situation. They are able to do this by asking questions of potential jurors which exposes any prejudices or preconceived conclusions they may have. 

The defense attorney is not the only counsel allowed to use voir dire to determine who may be on the jury. The prosecution is allowed to do the same to keep the process fair to both parties.

At Lawrence Law Firm, we have successfully defended our clients and preserved their rights. Learn how we can help you today by scheduling a consultation either online or by calling 318.232.4000.

About the Author

Aaron D. Lawrence

Aaron is a Criminal Defense and Personal Injury Attorney in Ruston, Louisiana. He received his Juris Doctor and Graduate Diploma in Comparative Law from the Louisiana State University Paul M. Hebert Law Center. He received his Bachelor of Applied Arts and Sciences from the University of North Tex...

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