Author Question: When does the right to a jury trial apply? What will be an ideal ... (Read 16 times)

KimWrice · **on:** Aug 24, 2018

When does the right to a jury trial apply?

What will be an ideal response?

Question 2

On page 177 we learn that if the arrestee does not pose a significant risk of flight and has been arrested for a relatively minor offense, pretrial release seems a sensible approach.

Besides the risk of the accused disappearing and not returning to court, are there any advantages or other ramifications of releasing an accused person to await the next step in the judicial process.

mfedorka · **Reply #1 on:** Aug 24, 2018

Answer to Question 1

While the right to an impartial judge applies in all proceedings, whether petty or serious, pretrial or otherwise, the right to a trial by jury is qualified. That is, it does not always apply, even though the Sixth Amendment seems to suggest otherwise. For example, the process of plea bargaining can eliminate the need to have a trial altogether, but even if the defendant opts not to plea-bargain, the right to a jury trial may not exist.

Answer to Question 2

One of the purposes of prosecution and sentencing is retribution. In cases involving a victim other than the state, a quick release can send the wrong message, even though prosecution is still in the plans. The victim may also fear retaliation. The police realistically can't guarantee protection on minor cases. On the other hand, when a suspect is released, the criminal justice system has more lee way on the time schedule. When a suspect is in custody, prosecutors, and sometimes detectives, are forced to meet some strict deadlines, which ultimately cause other cases to be delayed or receive less attention. We also need to remember that the accused has not yet been convicted and has the right of due process. Taking away a person's freedom is something we consider very serious in our country.