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That system exists. They are called bench trials. No defendant is forced us submit to a jury. The defendant doesn't want a jury because he thinks that it wil

That system exists. They are called bench trials. No defendant is forced us submit to a jury. The defendant doesn't want a jury because he thinks that it will "sock it to him" on a Saturday. He wants a jury because he thinks that his fellow citizens will see that the government is improperly accusing him of a crime. The defendant has the right to a trial by people who are not part of the same government that has accused him. The fact that the jurors don't want to be there, that they have lives away from the court, is exactly what the defendant wants.

mavhc 5y ago
Among the small share and number of federal defendants who went to trial in fiscal 2018, those who opted for a bench trial – that is, one in which the verdict is handed down by a judge – fared better than those who opted for a jury trial. Around four-in-ten defendants who faced a bench trial (38%) were acquitted, compared with just 14% of those who faced a jury trial. https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-federal-criminal-defendants-go-to-trial-and-most-who-do-are-found-guilty/ https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-f...
- istjohn 5y ago
  I have to imagine the defendants who opt for a bench trial have reasons for making that choice that don't necessarily apply to the defendants who choose a jury trial.
  - mavhc 5y ago
    So the ones who choose Bench trial are more likely to be innocent?
    - deleted 5y ago
      [deleted]
kazinator 5y ago
> exactly what the defendant wants Only if the defendant is a fool. People being the way people are, are just as likely to resent the defendant as the root cause of why they have to be there at all as the are to resent the system (and side with the defendant out of spite for the system). The latter will likely only happen in a trial that is between the defendant and the system (i.e. the state). In, say, a criminal trial in which the victim isn't the state, reluctant, resentful jurors will sock it to the defendant. If there is any uncertainty in the decision, that sentiment may sway it. Resentment of the jury duty concept will predispose jurors to cave in to their social prejudices. Oh, he must have done it; he's a tattoo-covered, prematurely-aged chain smoker with three gold teeth. Everything about this guy says "criminal". Fuck this asshole for making me be here on a Saturday. Time is an issue. People who are impatient and just want something to be over will not do a good job of sifting through things to get to the truth, which takes time and patience.
- amanaplanacanal 5y ago
  I assume defendants are getting expert advice from attorneys when they make this decision. They should theoretically know way more about this than you or I.
  - kazinator 5y ago
    Indeed, the lawyer could, for instance, have a good idea of whether the defendant has a personality and presentation that is likely to be likable to a jury.

mavhc 5y ago

Among the small share and number of federal defendants who went to trial in fiscal 2018, those who opted for a bench trial – that is, one in which the verdict is handed down by a judge – fared better than those who opted for a jury trial. Around four-in-ten defendants who faced a bench trial (38%) were acquitted, compared with just 14% of those who faced a jury trial. https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-federal-criminal-defendants-go-to-trial-and-most-who-do-are-found-guilty/ https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-f...

istjohn 5y ago
I have to imagine the defendants who opt for a bench trial have reasons for making that choice that don't necessarily apply to the defendants who choose a jury trial.
- mavhc 5y ago
  So the ones who choose Bench trial are more likely to be innocent?
  - deleted 5y ago
    [deleted]

kazinator 5y ago

> exactly what the defendant wants Only if the defendant is a fool. People being the way people are, are just as likely to resent the defendant as the root cause of why they have to be there at all as the are to resent the system (and side with the defendant out of spite for the system). The latter will likely only happen in a trial that is between the defendant and the system (i.e. the state). In, say, a criminal trial in which the victim isn't the state, reluctant, resentful jurors will sock it to the defendant. If there is any uncertainty in the decision, that sentiment may sway it. Resentment of the jury duty concept will predispose jurors to cave in to their social prejudices. Oh, he must have done it; he's a tattoo-covered, prematurely-aged chain smoker with three gold teeth. Everything about this guy says "criminal". Fuck this asshole for making me be here on a Saturday. Time is an issue. People who are impatient and just want something to be over will not do a good job of sifting through things to get to the truth, which takes time and patience.

amanaplanacanal 5y ago
I assume defendants are getting expert advice from attorneys when they make this decision. They should theoretically know way more about this than you or I.
- kazinator 5y ago
  Indeed, the lawyer could, for instance, have a good idea of whether the defendant has a personality and presentation that is likely to be likable to a jury.