According to the Sixth Amendment to the Constitution of the United States of America, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence”.
Remember, most cases never make it to trial. However, depending on the specific circumstances, a trial is necessary. There are two different types of trials. It is crucial to consider the advantages of each prior to making a decision on how to proceed.
During a “bench trial”, a judge hears all of the evidence and makes a decision regarding guilt/innocence and punishment. Bench trials are characteristically less formal and take less time than a jury trial. Bench trials are favorable under certain conditions. For example, complicated legal issues might not make much sense to a jury whereas a Judge can understand the importance of the legal issues. Cases involving sensitive information and facts may not fair well with a jury. It is often times easier to admit evidence in a bench trial rather than a jury trial.
A jury for a felony case consists of 12 members, plus two alternates. A jury for a misdemeanor case is comprised of 8 people, plus one alternate. These randomly selected individuals or “peers” hear all the evidence and make a ruling regarding guilt or innocence. Depending on the case, a jury may be more sympathetic than a Judge. Since the decision must be unanimous, it is possible to obtain a not guilty or hung jury verdict so long as one juror is swayed in favor of the Defendant. If a verdict is not reached, the Defendant may be offered a plea bargain to avoid another lengthy trial. The Jury does not determine punishment in Ohio. The Jury is responsible for deciding punishment in Kentucky.
