Civil bench trial process

You must have JavaScript enabled in your browser to utilize the functionality of this website. Defendants in the U S have the right to a bench trial or a trial by jury.

But a criminal bench trial will only occur if the right to a jury trial is waived. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. However, a bench trial, can in some situations be preferable to a trial by jury. In the case of a criminal trial, in most states the criminal defendant alone has the ability to waive the right to a jury. A bench trial is a trial held before a judge sitting without a jury.

The general provisions for a trial by bench are laid out in the Federal Rules of Criminal Procedure. With bench trials, the judge plays the role of the jury as finder of fact, in addition to making conclusions of law. These are usually faster than jury trials due to the fewer number of formalities required. A bench trial has some distinctive characteristics, but it is basically the same as a jury trial without the jury.

For example, the rules of evidence and methods of objection are the same in a bench trial as in a jury trial. Some judicial proceedings, such as probate, family law or juvenile matters, do not usually utilize juries. In such courts, judges routinely adjudicate both matters of fact and law. Under the rules of Federal Criminal Procedure, the defendant is entitled to a bench trial only if. In simple terms, a bench trial is a trial tried by a judge instead of a jury.

In a trial without a jury, not only does the judge determine sentencing, they also determine guilt or innocence. Most civil court cases that go to trial are determined by bench trials. Criminal cases are always determined by jury unless a specific request is made and granted. There are opening arguments and each side gets to present their evidence and witnesses.

Closing arguments are made when both sides have done all they can do. There are general aspects of bench trials that can work in favor of either the defense or offense. Without the process of jury selection, bench trials tend to be faster.

Bench trials are easier to schedule and generally get resolved more quickly. The ins and outs of the legal process are often lost on a jury. When you have a bench trial it can work in your favor if relying on a technicality in the law.

Judges understand these technicalities and can make more nuanced decisions when your case needs to rely on technicalities. In a bench trial, you know who will hear your case beforehand. While defense lawyers sometimes rely on appealing to the emotion of the jury rather than their understanding of the law, the lack of emotion can still benefit either side.

This benefit sits side by side with a judge being able to understand technicalities in a case. The benefits of a bench trial are clear. They save time and money. Having a bench trial vs a jury trial can help determine a case based on law instead of emotion. We have more great articles on lots of law topics for you to enjoy.