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A bench trial is tried to a judge only—there's no jury. Learn how bench trials work in criminal cases and why a defendant might choose to go that route over a jury trial.A criminal defendant can take their case to trial before a jury or a judge. A trial before a judge is called a bench trial. Jury trials are more common and well-known in the criminal justice world. This article will briefly discuss how a bench trial works and how it compares to a jury trial. Jury Trials and Bench TrialsA jury trial typically involves 12 individuals who, after hearing the evidence and legal arguments, will decide whether the prosecution has proved the defendant guilty or not of the charges against him. Their decision must be unanimous. The judge does not decide issues of guilt but rather must rule on the procedural and evidentiary issues, such as who can testify, what witnesses can testify about, and what documents or physical evidence the jury can consider. At a bench trial, the judge rules on the procedural and evidentiary issues and takes on the jury's role as factfinder. The judge will make the rulings, hear the evidence, and decide whether the defendant is guilty or not guilty. Whether your trial is a bench or a jury trial, the process followed during the trial should be the same and, if you are convicted, you are entitled to appeal your conviction to a higher court. The court is required to follow the same rules of evidence and procedure at every trial. The judge cannot rule differently in a bench trial than in a jury trial. Because a jury is not present, a bench trial may be a bit less formal than a jury trial, but all rulings must be consistent. Does a Defendant Have a Right to a Bench Trial?No. While a constitutional right to a jury trial exists in most criminal cases, the same isn't true with a bench trial. A defendant may waive (give up) their right to a jury trial, but if the prosecutor objects or the judge rejects the defendant's waiver, the trial will go before a jury. Deciding Between a Jury or Bench TrialThe decision to waive the right to a jury is a weighty one and must be made by the defendant (not defense counsel). A defendant's attorney can advise on the advantages and disadvantages of a bench or jury trial. Advantages of a Bench TrialHere are some advantages to a bench trial from the defendant's perspective.
Disadvantages to a Bench TrialChoosing a bench trial doesn't come without risks. Here are some of the disadvantages to bringing the case before a judge and not a jury.
The Value of Legal RepresentationIf you are facing criminal charges and need to decide between a bench or jury trial, your best option is to be represented by counsel as early as possible in the criminal process. A local attorney who has experience in the court in which your case is being tried can identify the specific advantages or disadvantages to a bench trial or jury trial in that court, give you meaningful advice about your options, and represent you throughout your entire case. |