True/False: In most states, if neither party requests a jury, there will be no jury trial?

Question

True/False: In most states, if neither party requests a jury, there will be no jury trial?

Answer 1

False. The defendant has the Constitutional right to a trial by jury. S/he may choose to waive that right, via plea bargain or bench trial.

Answer 2

FALSE

THE RIGHT TO A TRIAL IS THAT OF THE DEFENDANT. (GUILTY OR NOT GUILTY)

THE RIGHT TO HAVE THAT TRIAL HEARD BY A JUDGE OR A JURY IS ALSO THE DEFENDANTS.

THE RIGHT TO CHARGE A CRIME IS THAT OF THE PROSECUTORS.

Answer 3

false normally.

Answer 4

It's not like defendants get asked "Do you want to waive your right to a jury trial?"  They don't. You waive your right to a jury trial simply by failing to request one before a deadline that most defendants are unaware of.

The answer is TRUE.

Answer 5

I can't answer because of the word 'most' in your question. In my state, it is true. You will not be ask to waive the jury... you or your attorney must request a jury trial. I don't know for other states though so I don't know if this is the majority or not.

Answer 6

False.  A defendant actually has to waive his/her right to a jury trial.

That is not true.  They have a right to a jury trial, and they MUST WAIVE THAT RIGHT!  My brother was asked if he would like to waive that right.  I studied law for 2 years and decided I could not lie for a living.  There are a variety of reasons why people would waive that right.

One is part of a plea bargain, another is that it is a minor offense.  

Add to this the fact that even the worst PUBLIC PRETENDER IN THE US would IMMEDIATELY request a jury trial if that were the case.

You really should not answer a question that you do not understand the answer.

Answer 7

True

Answer 8

Wrong. It depends on what the law specifies for the type of case