What's that, 0-4 now for the prosecution?

 

Yep...all decided by a bench trial. Smart choices to put the decision in one judge's hands rather than a jury of peers who probably don't know squat about the law.

Is there any reason why Baltimore people are not rioting over these decisions?

 

I'm trying to figure out what the difference is. I know Gray was not shot, but he did die in police custody.

 

Any ideas?

 

Well they've already rioted once for this...maybe they have just moved on?

Can someone explain when a defendant gets to choose whether to have a bench trial or a jury trial.

Can someone explain when a defendant gets to choose whether to have a bench trial or a jury trial.

 

Depending on the crime committed, you are entitled to have a jury trial, however, you can choose a bench trial at any time.

In most states, a defendant is entitled to a jury trial if he faces the possibility of more than six months in jail. If you are charged with simple assault, for instance, and the possible penalty is only 30 days in jail, you would not be entitled to a jury trial. Your case will be tried at a bench trial.

 

In federal court, defendants are entitled to a jury trial for any felony and any charge that carries a potential jail sentence, including petty misdemeanors and infractions. If the judge states before trial that he will not impose any jail or prison time, then the defendant no longer is entitled to a jury trial and will have a bench trial.

 

Even when the defendant is entitled to a jury trial, the defendant can choose instead to have a bench trial. The following are some advantages to a bench trial, from the defendant’s perspective.

 

A quicker resolution. A bench trial is usually a quicker way to complete a case because it can be scheduled sooner and does not require jury selection and jury instructions, which make the trial process last much longer.

Dealing with irrelevant and damaging information. If information will come out at trial that puts the defendant in a bad light, but which is technically irrelevant to the charge, a judge might be more neutral than a jury and better able to set that aside in deciding whether the defendant is guilty or not guilty. For example, the witnesses and other information might indicate that a defendant is a gang member or has gang affiliations, even though the alleged crime is not gang related. This could raise concerns that a jury made up of members of the public would automatically view the defendant as a criminal and be more likely to convict him.

Applying the rules. If the case turns on applying a complex legal rule to the facts of the case, some attorneys and legal experts believe juries will have difficulty with the process or even ignore the rule, and that a bench trial might be a better choice. Some experts also believe that juries tend to decide issues on emotion rather than applying the legal rules they’ve been instructed to use.

On the other hand, choosing a bench trial instead of a jury trial carries risks for a defendant.

 

One person decides. At a bench trial, the prosecutor has to convince only one person of a defendant’s guilt, while at a jury trial he must convince all 6 or 12 people. Put another way, the defendant may “win” if only one juror holds out for acquittal (leading to a mistrial and perhaps a good plea bargain or a dismissal of the charges).

The judge knows all the evidence. At either a jury or bench trial, the judge decides what evidence will be admitted. Prejudicial, irrelevant, or untrustworthy evidence is excluded, and ideally the jury never hears it. But at a bench trial, where the judge is the jury, it might be hard for the judge to disregard damaging evidence that is technically inadmissible, no matter how conscientious the judge might be.

The judge will follow the rules. In some cases, the defense strategy is to hope that the jury will notfollow the rules and will acquit on emotional or political grounds instead. For example, if the case has been “overcharged” (heavy charges for a minor offense), the defendant is sympathetic, the charges are unpopular (such as marijuana use or medical use), or the prosecutor is heavy handed or a bully, the jury might “Just say no.” A judge is not likely to rebel in this way.

Pressure to convict. Some experts question the neutrality of judges when deciding whether a defendant is guilty. Critics (or cynics) suspect that, because they hold public office and may have to stand for re-election, judges may be tempted to please the public’s perceived desire for conviction.

Can someone explain when a defendant gets to choose whether to have a bench trial or a jury trial.

 

I got picked to sit on a jury while stationed in the Army in CA. Big environmental case, big company had dumped a bunch of chemicals (supposedly) adjacent to a family farm, the chemicals had leached into the family's well water supply and caused (again, supposedly) some awful health affects.

 

The day the trail was to start, both parties had a meeting with the judge at the bench with the jury present and courtroom full. After a few minutes, the judge said we were dismissed, the plaintiff had requested a bench trail and the defense stipulated. Wish I had followed it but I never did know what the final outcome was.

Can someone explain when a defendant gets to choose whether to have a bench trial or a jury trial.

 

Depending on the crime committed, you are entitled to have a jury trial, however, you can choose a bench trial at any time.

 

....and, based on which docket it may hit, choosing one over the other can be advantageous....unless you reside in Campbell County....

I would think the people of Baltimore would be calling for the head of the prosecutor.

I would think the people of Baltimore would be calling for the head of the prosecutor.

 

Yes, me to, i just don't understand how you can let this verdict stand!!!

Remaining charges dropped.

 

Freddie Gray case: All charges dropped against remaining officers - CNN.com

 

Prosecutor should be prosecuted.

Remaining charges dropped.

 

Freddie Gray case: All charges dropped against remaining officers - CNN.com

 

Prosecutor should be prosecuted.

 

Wow...didn't expect this.

Wow...didn't expect this.

 

I did after the first one went hung jury.

I did after the first one went hung jury.

Well, I'll clarify my thought...I never expected the prosecutor to drop the charges, I thought she was in this to the brutal end. I figured she would keep pushing trying to get a conviction any conviction to hang her hat on.

Well, I'll clarify my thought...I never expected the prosecutor to drop the charges, I thought she was in this to the brutal end. I figured she would keep pushing trying to get a conviction any conviction to hang her hat on.

 

I follow you, Im not as shocked, by dropping charges they can save a very small amount of face. Spending the funding and having the other two comeback as not guilty would have been very bad for the prosecutor.

I follow you, Im not as shocked, by dropping charges they can save a very small amount of face. Spending the funding and having the other two comeback as not guilty would have been very bad for the prosecutor.

Hey at least she got to sit on a couch on stage at a Prince Concert for her efforts!