legal question

[shattered00]

Yes, yes, yes, I am aware that this is not the place for actual legal advice etc. Given that I understand that, I am curious as to the opinions of others.

If one was to use a gun in self-defense, would they have the option of choosing a judge to oversee the trial instead of a jury or would it be up to the defendant/his family assuming he/she is dead?

If you were able to decide, would you be able to ascertain who the judge would be before you chose whether it was to be jury vs judge?

Advantages of a jury would be 6 peoples' opinions vs just 1. Many might be able to empathize with you (more likely to be blue or white collar working status) - assuming you are as well.

Disadvantages of jury might be the jurors themselves. There are many sheeple amongst us in other words...

If you aren't allowed to decide, then this becomes a moot point. Just let me know, so I don't have to think about this anymore .

Oh and one more thing; how do they determine if you can afford a lawyer or not? In other words, could I just not purchase a lawyer and have one appointed to me. I.e. Public Defender...

All remains gun-related since I, hypothetically, would be in court over shooting someone...

 

[isp2605]

1) You are the defendant. You have the right to request a trial by jury or judge.
2) No you don't get to pick the judge.

 

[El Tejon]

1) Yes, the defendant can waive his right to jury trial;

2) Under limited circumstances you can ask for a new judge. If granted, (usually) a panel of 3 judges is appointed and both side strike who they do not want. The remaining individual is your new judge;

3) A trial jury for Murder, Battery with a Deadly Weapon, Criminal Recklessness with a Deadly Weapon, inter alia (what a gun owner would face) is usually 12 individuals, not 6;

4) A public defender is appointed if the defendant qualifies for one. A hearing is usually conducted at the initial hearing. Where I am they ask: how much in your savings and checking? any assets that you can sell? anyone owe you money? any money in probate? family able to assist?

 

[isp2605]

As far as selecting a judge I took his question to mean can he ask for Judge SoandSo by name.
As ElTejon wrote the defendant can move to have a new judge but that doesn't mean the motion will be granted. The motion would have to show that because of specific circumstances involving that particular judge the defendant does not believe he would get a fair trial. The prosecution will some times file the same motion if they believe there's a conflict with the sitting judge. It doesn't happen all that often.

 

[atlctyslkr]

It just takes one to hang a jury. Sometimes a new trial goes forward after a hung jury and sometimes the DA declines to prosecute again. I feel pretty confident that if I truly have a clean justifiable shooting that atleast ONE person will identify with me. In such a case it's moreover a trial of lifestyle than of the shooting. A hardworking taxpayer against a waste of oxygen thug. Any attorney worth a crap is going to play that card.