Denver criminal defense lawyer/judge or jury trial?

As a Denver criminal defense lawyer, a common issue clients raise is whether it is better to have their case heard before a judge or jury. The right to have the case heard before a jury of peers is every defendant's right under the Sixth Amendment. Although six person juries are allowed by the Supreme Court, and not every state requires unanimous juries, in the State of Colorado, you have the right to a 12 person jury and a unanimous finding of guilt. Although only your Denver criminal defense lawyer can make a recommendation on the facts of your case, and every case is different, here are a few pros and cons of both the judge and jury options.

The benefit of trying your case to a jury is nearly exclusively in the fact that it is harder to persuade 12 people than it is to persuade a single judge. Although there are plenty of movies where defense attorneys mislead unsuspecting juries or use specious arguments to win them over, this is relatively rare in the real world. Most juries conscientiously attempt to correctly apply the facts to the law as the judge gives it to them. However, it's still hard to convince 12 people of something beyond a reasonable doubt. As such, most defense attorneys will advise their clients to exercise the right to a jury trial.

The benefit of going to a judge is only in circumstances where a jury is likely to be unable to remain impartial. In certain cases, the fact-finder will be asked to consider evidence in a highly sensitive way--disregard possibly incriminating evidence for the purpose of determining guilt but use it for something else. In that case, a jury may not be reliable, and your Denver criminal defense lawyer may recommend not going to a jury and instead trying the case in a bench trial: in front of a judge alone.