What Is A Bench Trial?
A bench trial is a trial before a judge in which the necessary parties have waived the right to a jury trial. In a bench trial, the judge determines all questions of law and decides the …
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What Is A Jury Trial?
In a jury trial, the jurors, typically 12 in a criminal case, decide any disputed issues of fact. The judge determines all questions of fact. The jurors are selected by a process called …
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Legal Articles
Double Jeopardy
The Fifth Amendment to the United States Constitution provides, in part, that, “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” This is known as the double jeopardy clause and it protects people from being tried for the same crime on the same set of facts more than one time by the same government. While the …
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Sentencing Guidelines: Fair Sentences or a Denial of Trial by Jury?
In the 1980s, it became apparent to those in the U.S. government that there were wide sentencing disparities in the United States federal court system. Defendants who were convicted of very similar crimes were receiving wildly different sentences. Accordingly, a movement began to develop federal sentencing guidelines. In addition to providing equitable sentences around the …
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