A jury trial is often considered to be a basic right. In the United States, the sixth amendment gives criminal defendants the ‘right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed’. This does not mean all defendants have the absolute right to a jury trial. Cases involving violations, child custody and many juvenile cases are not usually tried by jury.
The right to a jury trial can also be waived by the defendant. If the court approves then the case will be tried by a bench trial, where the judge determines guilt and innocence. In many cases whether a trial has a jury or not depends on which kind of trial the defense lawyer thinks will best serve the interests of his or her client. Also often a consideration is the fact that jury trials, by nature, are more expensive and time consuming. The process of selecting a jury is complicated and lengthy and sometimes has to be repeated. So, in some cases, a defendant charged with a minor crime or misdemeanor may request a bench trial because it is cheaper. In other cases,he may do so on the advice of his lawyers because legal aspects of the case would be hard for a jury to understand. A jury trial is often a better option if regular people are likely to take the defendant’s side, for example in cases involving ridiculous or stupid laws.