When a person is charged with a crime in Wisconsin, a right to a jury trial almost always applies. Understanding what this right means and its limitations can help you better prepare for your criminal case.
At Krajnek Law Office, as your criminal defense lawyer, I take the right to a jury trial seriously and explain its importance and potential concerns with each client in accordance with their unique situations. I aim to provide comprehensive, proactive, and smart criminal defense. Contact me at 920-769-5027 today if you have been arrested or charged with a criminal offense in Manitowoc. I will schedule a free initial consultation and discuss your case.
Understanding Your Constitutional Right to a Jury Trial
The 6th Amendment to the Constitution of the United States holds that in all criminal proceedings, the accused shall have the right to “an impartial jury of the State and district wherein the crime shall have been committed.”
The right to a jury trial is a way to prevent government oppression by having impartial “peers” decide the fate of an accused. It safeguards against heavy-handed and unfair prosecution as well as judges who may have bias. It prevents unchecked power and helps ensure justice prevails.
The right to a jury trial in the 6th Amendment only applies to federal criminal matters. This right, however, applies to the states through the Due Process Clause of the Fourteenth Amendment.
The role of the juror is to be the trier of fact. The judge's role is to instruct jurors on what the law is in each case, and following those instructions, the jury is to render a verdict based on the evidence presented in court.
Jury Trial Benefits and Risks in Wisconsin Criminal Cases
Jury trials, while guaranteed in criminal cases by the Constitution, do not come without advantages and disadvantages.
Two important benefits of a trial by jury include:
- Judges have limits. Judges are prevented from having complete control over the outcome of a trial. While still in charge of the law that is applied in a case, the judge is no longer the trier of fact.
- Additional possible outcomes are available. Having a jury means the odds are in favor of the defendant as there are more chances for a favorable outcome. The only options are not just “guilty” and “not guilty,” as there may be a mistrial or hung jury.
Disadvantages of a trial by jury include:
- Jurors are laymen, not trained in the law, and if the defendant's best defense is based on a complex legal concept, a jury trial may not be the best option.
- Jurors, while in theory should be impartial, still may come to the courtroom with their own feelings, thought patterns, and biases. Whatever they hear and see during the trial will be processed based on their own life experiences and beliefs.
- A jury is a group of people who are thrown together. Having a large, varied group come together and pay attention to every critical detail is a difficult task.
How a Criminal Defense Lawyer in Wisconsin Uses Voir Dire Strategically
A defendant has a right to a jury that is fair and impartial. To ensure this right is protected, there is a process known as voir dire which is utilized to screen prospective jurors. An effective criminal defense attorney will know how to use this process to find jurors who may be more sympathetic to their client's situation. They are able to do this by asking questions of potential jurors which exposes any prejudices or preconceived conclusions they may have.
The defense attorney is not the only counsel allowed to use voir dire to determine who may be on the jury. The prosecution is allowed to do the same to keep the process fair to both parties.
Contact a Criminal Defense Attorney in Manitowoc Today
At Krajnek Law Office, I have successfully defended my clients and preserved their rights. Learn how I can help you today by scheduling a free initial consultation online or by calling 920-769-5027.