Jury Trial??

[faithnlve]

What is the name of your state? Vermont...This is what our constitution reads for jury trials...38. Jury trials

Trials of issues, proper for the cognizance of a Jury as established by law or by judicial rules adopted by the Supreme Court not inconsistent with law, in the Supreme Court, the Superior Court and other subordinate courts, shall be by Jury, except where parties otherwise agree; and great care ought to be taken to prevent corruption or partiality in the choice and return, or appointment of Juries.

Why as a people when it comes to the rights as parents and the rights of our children, are we not allowed a jury trial when it comes to custody issues?

 

[stealth2]

Let's be realistic - would you want the fate of your children in the hands of the people who decided OJ Simpson was not guilty? I sure as hell wouldn't.

 

[faithnlve]

Ok...lets be realistic. Why would I want a decision of custody based upon a judge who gives 60 days all suspended to a pedaphile who raped a child for six years.

 

[stealth2]

Well, I'm not going to wade through your posts to find what you're talking about. Maybe someone else will, and then comment further.

 

[faithnlve]

All I am trying to find out is if the our constitution claims we are allowed a jury trial for custody issues if we asked for it. Why is it child custody decisions cannot be put before a jury trial when the parents cannot rely on where a child should live? There are too many children destroyed based upon a judge's own discretionary views. I have spoken with other parents in regards to changing custody laws in this state. So my question about trial by jury would be based upon why a parent shouldn't be allowed a trial by jury based upon child custody decision?

 

[Zephyr]

All I am trying to find out is if the our constitution claims we are allowed a jury trial for custody issues if we asked for it. Why is it child custody decisions cannot be put before a jury trial when the parents cannot rely on where a child should live? There are too many children destroyed based upon a judge's own discretionary views. I have spoken with other parents in regards to changing custody laws in this state. So my question about trial by jury would be based upon why a parent shouldn't be allowed a trial by jury based upon child custody decision?

ok, I totally see your point, I didn't like the outcome of my case either- but unless the case would be a slam dunk anyway (if it were in front of a judge) it will almost always result in a hung jury, you are never going to have 12 people agree that 1 parent should have the child over the other when their fitness is equal. and the majority of people can't afford their custody battles as it is, then to add all the costs that go along with having a jury....

I understand that your fate hang on one persons opinion is scary, I would rather a 3 person panel decide, but the system we have now is what we have- and custody will probably never be a matter for a jury

 

[faithnlve]

Thank you. But if a parent were to ask for a jury trial, would their constitutional rights be that the courts would have to give them one? That is what I am trying to find out.

 

[stealth2]

Civil cases don't require a full concensus - only a majority.

I believe that there are states that do allow a jury trial.

 

[faithnlve]

Stealth..I pasted onto my posting what our constitution read in regards to jury trial. Is our consititution claiming that a parent can have right to jury trial constitutionally? Thanks Faith

 

[faithnlve]

Another thing....whoever wrote the meanings behind the constitution must of been watching too much abbot and costello....who's on first. It is hard to decipher the meaning when reading some of the law. Faith

 

[weenor]

Stealth..I pasted onto my posting what our constitution read in regards to jury trial. Is our consititution claiming that a parent can have right to jury trial constitutionally? Thanks Faith

I am not in your state and do not have the time right now to research statutes and case law there...however, in states that do not all juries in domestic relations cases, the legislators have passed statutes to disallow trial by jury in order to allegedly expedite the process.

With that said, any time you take very personal issues and ask a perfect stranger to address them there will be perceived (and sometimes actual) mistakes. That is why many courts mandate mediation and other ADR- because the parties are in the best position to judge their own situations. When you have one or both that cannot rationally participate, enter the judge. I do not see how anyone can expect perfection when they ask a judge to make these kinds of decisions. Quite frankly that is what appellate courts are for- to review the trial judge.

 

[ceara19]

Ok...lets be realistic. Why would I want a decision of custody based upon a judge who gives 60 days all suspended to a pedaphile who raped a child for six years.

Why would your FAMILY COURT case be heard by a CRIMINAL judge?

 

[faithnlve]

Ceara.....ummmm how did you get that??? Anyways....just to give you a point of learning, alot of courts do rotate district court and family court judges back and forth. Faith

 

[Zephyr]

Civil cases don't require a full concensus - only a majority.

I believe that there are states that do allow a jury trial.

thanks for that clarification

 

[Zephyr]

Why would your FAMILY COURT case be heard by a CRIMINAL judge?

the judge in our custody matter is the same judge who heard my ex's gf felony drug cases