The Sixth Amendment to the U.S. Constitution provides the right to a jury trial in criminal prosecutions. If the case proceeds to trial, the defendant makes the decision of whether he or she wants a trial by jury or a bench trial (in which a judge decides whether the defendant is guilty or not guilty). You have just been charged with the offense of mail fraud. You have decided to take the case to trial. Address the following questions:
Would you select a jury or bench trial? Explain your answer.
What are the benefits to your selection, and why would it be more advantageous for this option?
Why would you not select the other option?
Do you believe that a jury or judge would be more likely to decide the case based only on the facts, and not be influenced by emotions?
