Tuesday, February 11, 2014

How would criminal justice function differently if defendants had no right to a trial by jury of their peers?

In a system without jury trials, it would be more
difficult for defendants to be acquitted of the charges against them.  This is because
the system would be more of a closed system, an insiders' club.  This would build
systems of trust and mutual understanding that would lead to more
convictions.


If judges were the only ones who determined
guilt or innocence, there would be more convictions.  Judges and prosecutors work with
one another every day because of the nature of the system.  They get to know one another
better than they get to know the more numerous defense attorneys.  If there were no
juries, the judges would naturally have more sympathy for the prosecutors because they
would know them.


The judges would also be more skeptical of
defendants' stories.  Juries are less jaded than judges and are more likely to believe
what defendants say.


Overall, then, a system with bench
trials only would work to the benefit of prosecutors.

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