» Entries tagged with "unpredictable"

Judge or Jury?

Apparently, a recent study has confirmed the findings of an older study: The researchers made three primary findings: Judges tend to convict more than juries in cases of “middle” evidentiary strength. Judges acquit more than juries in cases in which judges regard the evidence favoring the prosecution as weak. Judges convict more than juries in cases in which judges regard the evidence favoring the prosecution as strong. Here’s the conclusion: In sum, criminal defendants are benefited by opting for a bench trial when the evidence is weak, and a jury trial otherwise. It seems to me that the studies confirm what’s probably somewhat obvious to most lawyers who’ve tried any appreciable number of cases to verdict before judges and juries. Juries are unpredictable. I’ve had juries convict clients when I felt the state utterly failed to meet … Read entire article »

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