The jury trial is one of the most common ways cases are decided. However, there are many reasons why a jury trial isn't always the best way to go. The first reason is that jurors are not allowed to research the case. This is to keep them from hearing evidence that might prejudice their verdict.
Jury trials can be very expensive, both in terms of attorney fees and witnesses. These costs include subpoenaing witnesses, travel, and other expenses.
In addition, there can be time costs involved, such as preparing exhibits and presentations. These may take many hours, especially considering a trial can last several weeks or months.
Another factor that can make jury trials more expensive is damage caps. These caps limit the monetary amounts awarded for pain, suffering, and other damages.
In some cases, this can cause defendants to settle their cases for less than they could have received in a jury trial. This can be very expensive for them, and it can also lead to long-term debt.
The jury selection process is a long and tedious one. It can last up to a week, depending on the court schedule. You will be asked questions to ensure that you are impartial and that no reason would prevent you from judging the case fairly. The attorneys need to see whether anything in your background will prevent you from deciding the case fairly.
When you are a juror, you sign an oath that states that you will reach your verdict on only the evidence and the instructions of the judge in the case before you. This can be difficult in a trial with multiple witnesses, especially in criminal cases.
Many courts are trying to address this issue by delivering tablets, phone minutes and internet hotspots to the jurors. Having a solid internet connection can make a huge difference in a trial.
Many people think they should have a jury trial when they go to court, but there are better ways. A jury trial can be a good choice for cases with emotional appeal, but it can also be a bad choice for cases with technical problems or complicated issues.
A judge has a lot more experience and knowledge than most jurors do, so they can be better at dealing with cases that have difficult technical legal questions. But a jury can be unpredictable and too emotionally involved in a case.
Even a well-researched case can be thrown out of court when the jury doesn't reach a unanimous verdict. When this happens, the court will declare a mistrial, and the case must go before a new jury.
Jurors can be too emotional to make sound judgments based on evidence and the law. They may need to be more informed about critical aspects of a case, such as the burden of proof or instructions from the judge.
One of my clients recently was involved in a personal injury trial, and while the lawyer detailed the important details of an accident, several on the jury "checked out." The attorney should have shown more photographs of the damaged vehicle to demonstrate that it caused serious damage to the victim.
Many jurors believe a jury trial is the only way to get justice, but it's not always the best way. There are several other ways court prosecutors and judges can make a jury trial less boring. One strategy is to give jurors time to ask questions and express their doubts during deliberations.
