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Criminal Procedures

Trial Process

Can a defendant waive his or her right to a jury?

Yes, a criminal defendant can waive his or her right to a trial by jury and proceed with a bench (trial only by a judge) trial. This usually is not advisable, as the defendant probably has a better chance before a jury. The vast majority of jurisdictions require that juries be unanimous, which holds out the possibility that a few jurors will not go along with other jury members and vote to convict. Furthermore, defense attorneys have a large role in selecting the jury, which can be to the advantage of their clients.



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