If a person has been arrested for murder, and tell the police everything but pleads insanity at the plea hearing, what would happen, does that go to trail with a jury?
2 Answers from Attorneys
It would not definitely go to trial with a jury. It depends on what the crown prosecutor and the defense attorney put forth as an agreement to propose to the judge in terms of how the trial will be conducted. Once the crown prosecutor and the defense attorney argue their points as to what kind of trial they want it to be, it is up to the judge to decide whether or not it will be a trial with no jury or a trial by a jury.
It really depends on the judge. It will be the judge that will decide what kind of trial it is going to be.
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