No Jury, No Justice: When can I ask for a Jury?

A common refrain in American society is that a trial by jury is the cornerstone of our democracy and the rule of law. A jury trial is touted as one of the greatest benefits that a democracy like ours offers. But a trial by jury is a right only reserved for criminal defendants in the United States. This fundamental right guaranteed by two provisions in the U.S. Constitution: Article III, Section II, and the Sixth Amendment, does not extend to the civil context. When the Sixth Amendment states that the accused has a right to a trial in all criminal proceedings, this means all serious offenses, not petty offenses. A serious crime would be punishable by a possible sentence of more than six months of incarceration. Further, the right to a jury trial has limitations for juveniles as juvenile proceedings are considered civil cases. 

No Jury, Only Judges. Jury Trials in civil cases are not a guaranteed right and are very complex. In most civil cases, a jury trial must be requested when a complaint is filed, and a jury trial request fee is paid. There are no juries, only judges in most family law courts. Outside of Texas and Georgia, there will never be a jury for divorce. Ultimate facts have already been decided in divorce cases, and a jury would serve no purpose.

Further, juries wouldn’t have the necessary expertise to settle financial and custodial affairs. In Texas, juries can determine the value of any property in a marriage, the status of the divorce, and custody arrangements of children. Still, the family court judge deals with all other issues. Similarly, there is no jury in administrative cases like immigration, social security, and bankruptcy, and a bench trial determines these cases. Here, a judge is in a better position to judge the facts of the case than a jury.  

A Disappearing Feature. Outside of the Administrative law context, the American civil jury is a disappearing feature of our legal system as more plaintiffs are opting for bench trials. Bench trials are cheaper than other options, but plaintiffs disfavor them as they think juries will be more sympathetic to them as ordinary citizens who suffer injuries. Despite this inclination, juries often require more education on the law and handholding while judges are better positioned to sort through the facts and decide. There seem to be more advantages to trying a case before a judge than a jury. In the absence of a jury, you do not need to make a jury request, select a jury, or prepare jury instructions. Even when a plaintiff opts for a bench trial, they may end up with a jury trial because their adversary may request a jury trial. Choosing between a jury trial or a bench trial is a decision a lawyer should make with their client.