Law School

Criminal procedure (2023): Trial by jury (Part One)


Listen Later

A jury trial, or trial by jury, is a lawful 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 used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, Pakistan, India, and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. Only the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malicious prosecution and false imprisonment suits in England and Wales), but true civil jury trials are almost entirely absent elsewhere in the world. Some civil law jurisdictions, however, have arbitration panels where non-legally trained members decide cases in select subject-matter areas relevant to the arbitration panel members' areas of expertise.

The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of far less importance (or of no importance) in countries that do not have a common law system.

...more
View all episodesView all episodes
Download on the App Store

Law SchoolBy The Law School of America

  • 3.1
  • 3.1
  • 3.1
  • 3.1
  • 3.1

3.1

60 ratings


More shows like Law School

View all
Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,601 Listeners

Global News Podcast by BBC World Service

Global News Podcast

7,837 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

154,092 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

488 Listeners

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

512 Listeners

Court Junkie by PodcastOne

Court Junkie

8,504 Listeners

The Daily by The New York Times

The Daily

113,432 Listeners

Speak English Now Podcast: Learn English | Speak English without grammar. by Georgiana, founder of SpeakEnglishPodcast.com

Speak English Now Podcast: Learn English | Speak English without grammar.

556 Listeners

Crime Junkie by Audiochuck

Crime Junkie

369,937 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

442 Listeners

Dateline NBC by NBC News

Dateline NBC

47,764 Listeners

SRMN by SRMN

SRMN

19 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,941 Listeners

Mind of a Monster: The Cross-Country Killer by ID

Mind of a Monster: The Cross-Country Killer

1,868 Listeners

Ishq- by Muzammil Jit

Ishq-

4 Listeners