Legal Question in Criminal Law in Pennsylvania

Should civil and criminal cases be decided by judges, instead of juries?


Asked on 9/12/11, 2:52 pm

1 Answer from Attorneys

Joseph Hanyon MHK Attorneys

Under the United States and Pennsylvania Constitutions, many types of cases include the right to a jury trial. In cases where there is no right to a jury trial, the judge will be the �fact finder�; sometimes we call this a �bench trial�. If you are entitled to a jury, but believe a judge may be able to understand your case better or may be more favorable to you, you can waive your right to a jury trial in favor of a bench trial; however, if your opponent has a right to a jury trial, he or she must waive this right as well. You should never waive your right to a jury trial unless you speak with an attorney and make sure that waiving this right is the proper strategic move.

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Answered on 9/13/11, 10:56 am


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