In law , a trial is a coming together of parties to a dispute , to present information (in the form of evidence ) in a tribunal , a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court . The tribunal, which may occur before a judge , jury , or other designated trier of fact , aims to achieve a resolution to their dispute.
31-862: The Bloody Assizes were a series of trials started at Winchester on 25 August 1685 in the aftermath of the Battle of Sedgemoor , which ended the Monmouth Rebellion in England. There were five judges: Sir William Montague ( Lord Chief Baron of the Exchequer ), Sir Robert Wright , Sir Francis Wythens ( Justice of the King's Bench ), Sir Creswell Levinz ( Justice of the Common Pleas ) and Sir Henry Pollexfen , led by Lord Chief Justice George Jeffreys . Over 1,000 rebels were in prison awaiting
62-745: A justice of the peace in the justice of the peace court sitting alone as regulated by the Criminal Procedure (Scotland) Act 1995 . Those trials requiring juries are called solemn procedure and are also regulated under the Act. One of the recommendations of the Commission of Inquiry 2008–2009 in Turks and Caicos was that provisions be made for criminal trials without juries, following the precedent in England and Wales . Other examples cited included
93-450: A trial by combat , in which the winner of a physical fight was deemed righteous in their cause. Bench trial A bench trial is a trial by judge , as opposed to a trial by jury . The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman , Islamic ) use bench trials for most or all cases or for certain types of cases. While
124-456: A " mistrial ". A judge may declare a mistrial due to: Either side may submit a motion for a mistrial; on occasion, the presiding judge may declare one on a motion of their own. If a mistrial is declared, the case at hand may be retried at the discretion of the plaintiff or prosecution, as long as double jeopardy does not bar that party from doing so. Some other kinds of processes for resolving conflicts are also expressed as trials. For example,
155-538: A civil capacity. The rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When the dispute goes to a judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings are governed by administrative law and auxiliarily by civil trial law. Labor law (also known as employment law)
186-411: A form of jury to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a professional has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error. A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as
217-510: A jury renders a verdict , a judge in a bench trial does the same by making a finding . The majority of civil trials proceed without a jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge ( magistrates' court ) or by a panel of at least two, but more usually three, magistrates. Section 47 of the Criminal Justice Act 2003 allows a bench trial for indictable offences, but
248-462: A trial by jury and submit the trial of any criminal case to the court..."; the prosecution need not consent. With bench trials, the judge plays the role of the jury as finder of fact in addition to making conclusions of law . In some bench trials, both sides have already stipulated to all the facts in the case (such as civil disobedience cases designed to test the constitutionality of a law). These cases are usually faster than jury trials because of
279-434: A trial held before a jury. Because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials. A civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both sue and be sued in
310-400: Is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court , and do not permit the introduction of new evidence. A criminal trial is designed to resolve accusations brought (usually by a government ) against a person accused of a crime . In common law systems, most criminal defendants are entitled to
341-452: Is often less necessary to protect the record with objections, and sometimes evidence is accepted de bene or provisionally, subject to the possibility of being struck in the future. In Israel all cases are heard before a judge or a panel of judges. All trials in India since 1973 are heard by a judge or a division bench of judges. The main reason for the abolishment of jury trial in India
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#1732765306274372-520: Is rarely used, having been exercised only two times since its inception. Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session , a judge in either the outer or inner house usually sits alone; but may sit with a jury in certain trials such as personal injury claims. Summary criminal trials are conducted by a sheriff in a sheriff court or
403-435: Is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms (in some cases also technical standards) for
434-783: The United States , the Commonwealth of Nations including India and Canada , the British overseas territories of the Falkland Islands and St. Helena , and the Netherlands . In United States law , for most criminal cases that proceed to trial, trial by jury is usually a matter of course as it is a constitutional right under the Sixth Amendment and cannot be waived without certain requirements. In
465-631: The United States Constitution requires that, following the impeachment of the president, a judge, or another federal officer by the House of Representatives , the subject of the impeachment may only be removed from office by an impeachment trial in the Senate . In earlier times, disputes were often settled through a trial by ordeal , where parties would have to endure physical suffering in order to prove their righteousness; or through
496-586: The Crown'. Jeffreys became known as "the hanging judge ". After the Glorious Revolution , Jeffreys was incarcerated in the Tower of London , where he died in 1689. His death was probably due to his chronic medical history of kidney and bladder stones leading to an acute infection, kidney failure and possibly toxaemia . Writing as recently as 1929, Sir John C. Fox said: Even to the present day,
527-664: The court at Taunton between 17 and 19 September, 144 were hanged and their remains displayed around the county to ensure people understood the fate of those who rebelled against the king. Some 800–850 men were transported to the West Indies where they were worth more alive than dead as a source of cheap labour (the novel Captain Blood , and the later movies based on it, graphically portray this punishment). Others were imprisoned to await further trial, although many did not live long enough, succumbing to 'Gaol Fever' ( typhus ), which
558-959: The court proceeded through the West Country , and conducted a brief hearing in Salisbury , where there were no rebels to be tried for high treason, on 1 September 1685. The court went on to the main centres of rebellion holding assizes at the Antelope Hotel in Dorchester on 5 September 1685, Exeter Guildhall on 14 September 1685 and the Great Hall of Taunton Castle on 17 September 1685, before finishing up at Wells Market and Assize Hall on 23 September 1685. More than 1,400 prisoners were dealt with and although most were sentenced to death, fewer than 300 were hanged or hanged, drawn and quartered . Of more than 500 prisoners brought before
589-442: The evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is prima facie of guilt. Critics argue that the examining magistrate or judge has too much power with the responsibilities of both investigating and adjudicating on the merits of the case. Although lay assessors do sit as
620-425: The facts and interpretations of the law in a deliberately biased way. The intention is that through a process of argument and counter-argument, examination-in-chief and cross-examination , each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there is a presumption of innocence , and the burden of proof lies on the prosecution. Critics of
651-461: The federal court system, under rule 23 of the Federal Rules of Criminal Procedure , if a defendant is entitled to a jury trial, the trial must be by jury unless the defendant waives a jury trial in writing. In the various state court systems, waiver of jury trial can vary by jurisdiction. Missouri has Missouri Supreme Court Rule 27.01(b), "The defendant may, with the assent of the court, waive
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#1732765306274682-470: The fewer formalities required. For example, there is no jury selection phase and no need for sequestration or jury instructions . A bench trial (whether criminal or civil) that is presided over by a judge has some distinctive characteristics, but it is similar to a jury trial. For example, the rules of evidence and methods of objection are the same in a bench trial as in a jury trial. Bench trials, however, are frequently more informal than jury trials. It
713-415: The minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). In common law systems, an adversarial or accusatory approach is used to adjudicate guilt or innocence . The assumption is that the truth is more likely to emerge from
744-481: The mothers of West Somerset control their unruly offspring by threatening to send for 'Judge Jeffreys'. Trial (law) Where the trial is held before a group of members of the community, it is called a jury trial . Where the trial is held solely before a judge, it is called a bench trial . Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding)
775-452: The open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments, with a judge acting as a neutral referee and as the arbiter of the law. In several jurisdictions in more serious cases, there is a jury to determine the facts, although some common law jurisdictions have abolished the jury trial. This polarizes the issues, with each competitor acting in its own self-interest, and so presenting
806-466: The responsibility for supervising the investigation by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. The assumption is that the truth is more likely to emerge from an impartial and exhaustive investigation, both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the fact-gathering process by questioning witnesses , interrogating
837-447: The suspect, and collecting other evidence. The lawyers who represent the interests of the state and the accused have a limited role to offer legal arguments and alternative interpretations to the facts that emerge during the process. All the interested parties are expected to cooperate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all
868-409: The system argue that the desire to win is more important than the search for truth. Further, the results are likely to be affected by structural inequalities . Those defendants with resources can afford to hire the best lawyers . Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabend and backberend ). In civil law legal systems,
899-597: The trials, which started in the Great Hall of Winchester Castle in Winchester on 26 August. The first notable trial was that of an elderly gentlewoman named Dame Alice Lisle . The jury reluctantly found her guilty and, the law recognising no distinction between principals and accessories in treason , she was sentenced to be burned . This was commuted to beheading , with the sentence being carried out in Winchester market-place on 2 September 1685. From Winchester
930-631: Was due to a popular case K.M Nanavati vs State of Maharashtra in which jury gave a verdict of not guilty even when all the evidence were present against the accused, resulting in a jury nullification . In most countries with "Roman law" or civil law , there is no "jury" in the English sense, and trials are necessarily bench trials. However, in more complicated cases, lay judges can be called. They are not randomly selected, as juries are. They are professional, although not legally trained as jurists, and vote as judges. One notable exception, from French law,
961-454: Was rife in the unsanitary conditions common to most English gaols at that time. A woman named Elizabeth Gaunt had the distinction of being the last woman burnt alive in England for political crimes. Jeffreys returned to London after the Assizes to report to King James , who rewarded him by making him Lord Chancellor (at the age of only 40), 'For the many eminent and faithful services to