(05-23-2016 11:42 AM)Redwingtom Wrote:  

(05-23-2016 11:34 AM)HeartOfDixie Wrote:  Do you remember when white people rioted after O.J.?

Pretty poor false equivalency...and I think you know that.

I think the word you are looking for is inconvenient.

(05-23-2016 01:09 PM)CliftonAve Wrote:  Under the sixth amendment of the United States Constitution, every citizen is entitled to a trial by jury if he or she is accused of a crime. This applies to any type of criminal case, regardless of the severity of the offense.

In some situations, the accused may receive a bench trial instead. Often bench trials are utilized in traffic cases, civil disputes or certain juvenile offenses to expedite matters. . On the other end of a spectrum, if the defendant is potentially facing serious jail time, they could petition for a bench trial as well for the reasons I stated above. A defendant who is looking at only 30 days in the hole is likely going to be denied a request for a bench trial.

I don't think that is the reality.

Here... first one I found
https://maryland-criminal-defense.net/tag/bench-trial/
In Maryland, you are only entitled to jury trial if the maximum penalty exceeds 90 days in jail. So if a person is charged with possession of marihuana occurring after October 1, 2012, they cannot immediately request a jury trial, instead they can either accept a plea before a District Court Judge, or elect to have a bench trial before a District Court Judge.



More to the point of your claim above, why would a court deny someone a bench trial if that is what they wanted? FAR less expense. I could understand if the risk of being overturned was high, which it isn't in lesser offenses.

(05-23-2016 01:19 PM)Hambone10 Wrote:  

(05-23-2016 01:09 PM)CliftonAve Wrote:  Under the sixth amendment of the United States Constitution, every citizen is entitled to a trial by jury if he or she is accused of a crime. This applies to any type of criminal case, regardless of the severity of the offense.

In some situations, the accused may receive a bench trial instead. Often bench trials are utilized in traffic cases, civil disputes or certain juvenile offenses to expedite matters. . On the other end of a spectrum, if the defendant is potentially facing serious jail time, they could petition for a bench trial as well for the reasons I stated above. A defendant who is looking at only 30 days in the hole is likely going to be denied a request for a bench trial.

I don't think that is the reality.

Here... first one I found
https://maryland-criminal-defense.net/tag/bench-trial/
In Maryland, you are only entitled to jury trial if the maximum penalty exceeds 90 days in jail. So if a person is charged with possession of marihuana occurring after October 1, 2012, they cannot immediately request a jury trial, instead they can either accept a plea before a District Court Judge, or elect to have a bench trial before a District Court Judge.

Just about every state allows you to request a bench trial.

Sometimes things can be very technical and/or emotional and a bench trial is preferable.

(05-23-2016 01:09 PM)firmbizzle Wrote:  

(05-23-2016 11:04 AM)usmbacker Wrote:  

(05-23-2016 10:41 AM)firmbizzle Wrote:  Well Freddie Gray didn't kill himself, so who did?

How do you know he didn't kill himself? One theory is he banged his head against the wall in the back of that vehicle causing life ending injuries. Another prisoner in the van claims that is exactly what happened. Not saying that is what happened, but to say he didn't kill himself is has not been proven.

Then come out and say that. Personally, I don't think that he severed his own neck but if that's the case fine. Nobody is accountable.

Wouldn't Freddie Gray be accountable? After all it was his actions that resulted in the arrest to be begin with wasn't it?

(05-23-2016 01:15 PM)HeartOfDixie Wrote:  

(05-23-2016 11:42 AM)Redwingtom Wrote:  

(05-23-2016 11:34 AM)HeartOfDixie Wrote:  Do you remember when white people rioted after O.J.?

Pretty poor false equivalency...and I think you know that.

I think the word you are looking for is inconvenient.

No. It doesn't' make any sense. There was no injustice done there to white people...just like there's been no real injustice to white people for our entire existence as a nation. Why would there be any justification to riot?

Like it or not...there have been many cases of injustices done to blacks solely for their skin color. Now THAT is inconvenient.

(05-23-2016 01:09 PM)CliftonAve Wrote:  

(05-23-2016 12:58 PM)Hambone10 Wrote:  

(05-23-2016 12:33 PM)CliftonAve Wrote:  

(05-23-2016 12:21 PM)Hambone10 Wrote:  

(05-23-2016 12:13 PM)Fitbud Wrote:  That's why I asked specifically what he was being charged for.

but you're going the wrong direction

bench trial is the default. Jury is the option. The more serious the offense, you get the option of a Jury. you asked why bench was an option... and it is the default

In many jurisdictions, the defendant gets the option to have a bench trial if he/she potentially faces more than six months in jail.

The decision to pick a bench trial over a jury trial is a matter of strategy. The officer may have believed he would not have received a fair jury in Baltimore. Juries are more likely to be swayed by emotion instead of following the law as opposed to a judge.

It worked out for the officer in this case, but the strategy could have potentially backfired on the officer. The downside to a bench trial is you have all 12 jurors on board to convict a defendant. All the prosecution has to do is convince one person in a bench trial. There is always the possibility the judge is under some political pressure to convict in a case like this.

I think you're saying something confusing, whether or not you personally are confused... I think others may be by what you say here.

I'm 99.9% convinced that the bench trial is the default. You have the option of a jury trial if the charge is more severe....

and thus I suppose you can say you have the option of a bench trial (or a jury trial) for more severe charges... but the implication was that the option of a bench trial shouldn't have been available because the charge is more serious... and the fact seems to be that a bench trial is almost ALWAYS an option... for almost all people at almost all times (only saying almost because I suspect capital murder might require a jury... IDK)

If you got a speeding ticket, you probably don't have the option of a jury trial. If accused of assault or certainly murder, you do. You CAN decline that option and keep the bench trial.

Under the sixth amendment of the United States Constitution, every citizen is entitled to a trial by jury if he or she is accused of a crime. This applies to any type of criminal case, regardless of the severity of the offense.

In some situations, the accused may receive a bench trial instead. Often bench trials are utilized in traffic cases, civil disputes or certain juvenile offenses to expedite matters. . On the other end of a spectrum, if the defendant is potentially facing serious jail time, they could petition for a bench trial as well for the reasons I stated above. A defendant who is looking at only 30 days in the hole is likely going to be denied a request for a bench trial.

To clear this up, as a general rule, you get a bench trial for a violation and a jury trial for misdemeanors and felonies unless you request otherwise.

When dealing with misdemeanors and felonies I've never seen a request for a jury trial; it is the default.

For civil matters you generally make a jury trial demand, but, unlike a criminal matter, there are a lot of off-ramps along the way to a conclusion which often time makes it a moot point.

Fit,

Do you understand yet why he had a bench trial?

(05-23-2016 01:40 PM)Bull_In_Exile Wrote:  Fit,

Do you understand yet why he had a bench trial?

Yes because he requested it.

(05-23-2016 02:40 PM)Fitbud Wrote:  

(05-23-2016 01:40 PM)Bull_In_Exile Wrote:  Fit,

Do you understand yet why he had a bench trial?

Yes because he requested it.

(05-23-2016 02:40 PM)Fitbud Wrote:  

(05-23-2016 01:40 PM)Bull_In_Exile Wrote:  Fit,

Do you understand yet why he had a bench trial?

Yes because he requested it.

as it seems that anyone could.

(05-23-2016 01:21 PM)Redwingtom Wrote:  No. It doesn't' make any sense. There was no injustice done there to white people...just like there's been no real injustice to white people for our entire existence as a nation. Why would there be any justification to riot?

Like it or not...there have been many cases of injustices done to blacks solely for their skin color. Now THAT is inconvenient.

Ron Goldman might respectfully disagree with you on that point.

(05-23-2016 02:40 PM)Fitbud Wrote:  

(05-23-2016 01:40 PM)Bull_In_Exile Wrote:  Fit,

Do you understand yet why he had a bench trial?

Yes because he requested it.

And you understand any citizen accused of a serious crime can pick jury or bench right?

(05-23-2016 01:21 PM)Redwingtom Wrote:  

(05-23-2016 01:15 PM)HeartOfDixie Wrote:  

(05-23-2016 11:42 AM)Redwingtom Wrote:  

(05-23-2016 11:34 AM)HeartOfDixie Wrote:  Do you remember when white people rioted after O.J.?

Pretty poor false equivalency...and I think you know that.

I think the word you are looking for is inconvenient.

No. It doesn't' make any sense. There was no injustice done there to white people...just like there's been no real injustice to white people for our entire existence as a nation. Why would there be any justification to riot?

Like it or not...there have been many cases of injustices done to blacks solely for their skin color. Now THAT is inconvenient.

Irish, Germans, Poles, Slavs and Italians may disagree with you on that one.

(05-23-2016 12:44 PM)boroeagle2 Wrote:  Get back on the correct thread about Redskins you jackwagons! This one is about whether Baltimore will riot again!

and here I thought another harbor was looking to scalp some Orioles' tix.....

(05-23-2016 03:10 PM)All Dukes_All Day Wrote:  

(05-23-2016 01:21 PM)Redwingtom Wrote:  

(05-23-2016 01:15 PM)HeartOfDixie Wrote:  

(05-23-2016 11:42 AM)Redwingtom Wrote:  

(05-23-2016 11:34 AM)HeartOfDixie Wrote:  Do you remember when white people rioted after O.J.?

Pretty poor false equivalency...and I think you know that.

I think the word you are looking for is inconvenient.

No. It doesn't' make any sense. There was no injustice done there to white people...just like there's been no real injustice to white people for our entire existence as a nation. Why would there be any justification to riot?

Like it or not...there have been many cases of injustices done to blacks solely for their skin color. Now THAT is inconvenient.

Irish, Germans, Poles, Slavs and Italians may disagree with you on that one.

Solely based on their skin color???

Al Sharpton’s Race Baiting Group Demands Feds “Lower The Bar” And Prosecute Baltimore Cop Acquitted In Freddie Gray Case…

Yea, I know, shocking isn't it???

Quote:(WASHINGTON, DC) – The following is a statement from Ebonie Riley, Washington DC Bureau Chief of the National Action Network:

“We are disappointed in the decision of the court but unfortunately not surprised. As we have seen throughout the years, when officers opt for a trial by judge rather than by a jury, acquittal is the result. We have been through this with Sean Bell and far too many other cases in the past. This is exactly the reason we are calling for lowering the bar for federal prosecution, and greater involvement of the federal government in cases like this. In federal court, a jury trial cannot be waived without the consent of the prosecution – and we believe that is a fairer, more just process. We continue to stand with the Gray family as they fight for justice for their son.”

http://nationalactionnetwork.net/press/n...ays-death/

May want to check on Twitter tonight around Dusk in Baltimore to check on Livesteams of any Protests. Heard that some of the Livestreamers that embed with the Protest Industry flew into Baltimore this afternoon.

(05-23-2016 10:34 AM)QuestionSocratic Wrote:  

(05-23-2016 10:23 AM)Fitbud Wrote:  

(05-23-2016 10:17 AM)usmbacker Wrote:  Will riots follow?

http://www.foxnews.com/us/2016/05/23/bal...-case.html

Why was he given the option of a bench trial?

I was once called and interviewed by the prosecution/defense on a murder trial. There were two defendants and one choose jury and one choose bench trial. Both trials were conducted simultaneously with the jury deciding (guilty) on one defendant and the judge ruling (not guilty) on the other.

It was explained that it was at the option of the defendant to choose jury or bench.

As an aside, I wasn't chosen because my daughter was a babysitter for the DA.

If you aren't smart enough to get out of jury duty, I would not want you deciding my fate.....

(05-23-2016 04:19 PM)Redwingtom Wrote:  

(05-23-2016 03:10 PM)All Dukes_All Day Wrote:  

(05-23-2016 01:21 PM)Redwingtom Wrote:  

(05-23-2016 01:15 PM)HeartOfDixie Wrote:  

(05-23-2016 11:42 AM)Redwingtom Wrote:  Pretty poor false equivalency...and I think you know that.

I think the word you are looking for is inconvenient.

No. It doesn't' make any sense. There was no injustice done there to white people...just like there's been no real injustice to white people for our entire existence as a nation. Why would there be any justification to riot?

Like it or not...there have been many cases of injustices done to blacks solely for their skin color. Now THAT is inconvenient.

Irish, Germans, Poles, Slavs and Italians may disagree with you on that one.

Solely based on their skin color???

Except that isnt what you said.

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(05-23-2016 10:23 AM)UofMemphis Wrote:  of course, the police can do no wrong in this country.

I believe you meant "can do no wrong in Memphis" and not "this country".