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by xyzzyz 1492 days ago
I don’t like it either that the right to jury trial is overwhelmingly bargained away, but having the right and bargaining it away is still preferable to not have any right in the first place.
2 comments

Isn't the issue that in the US you only have a binary choice between jury or plea deal? I'm Canadian and here most trials are bench trials, that is in front of a judge only

https://www.justice.gc.ca/eng/csj-sjc/just/12.html

The reason why this is often advantageous is that the judge knows well the legal provisions and is more likely to rule in line with previous cases. The judge is also not a prosecutor (and in Canada, not elected by the public) so the judge doesn't have an incentive to be "tough on crime". AFAIK in general, you would only request a jury if you believe your case is in some way fundamentally different from similar cases and you don't want the "default" penalty if found guilty.

Yes, because this gives grounds for the argument that the system is broken (does not provide the right).

If > 90% of people are pressured into waiving the right, does the system actually provide this right?