While not perfect, the jury trial system is the evolution of witch trials, martial law, and every other dispute resolution system employed in the past millennium. ![]() The jury trial is the great equalizer of our system. ![]() So, both sides spend a considerable amount of time bluffing about their willingness to try a case and engage in hypothetical discourse during plea negotiations about how an in issue will play out in front of a jury. Trials are uncertain, expensive and often result in harsher sentences as opposed to resolving a case through plea bargaining. However, marching quickly towards a trial is often not in the best interest of the accused or the State. The system is theoretically set up to uphold the virtue of a swift resolution of cases. Unless the defendant agrees to waive their right to a speedy trial, the default rule is that all misdemeanor cases will wind up in trial within 90 days of an arrest and all felonies within 175 days of an arrest. This interesting paradox exists because, from the moment a person is arrested, the gears of the justice system are forcefully moving towards a trial of the case. Even though less than 10% of criminal cases are resolved through trial, these five words mean everything in the criminal justice system.
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