Jury trial

The Jury (1861) by John Morgan, Buckinghamshire County Museum

A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.

Jury trials are increasingly used in a significant share of serious criminal cases in many but not all common law judicial systems. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases, perhaps most notably in the United States.

The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of far less importance (or of no importance) in countries that do not have a common law system.[citation needed]


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