Is a trial by jury or judge alone?
Asked by: Bruce Jerde | Last update: October 21, 2023Score: 4.4/5 (42 votes)
Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law. The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial.
What is the difference between a judge trial and a jury trial?
The jury determines if a witness is credible, while a judge determines if a witness' testimony is admissible or not based on the rules of evidence. In a bench trial, however, there is no jury who listens to the evidence and decides on the truth of each opposing party's case.
Is it the jury or the judge who decides?
At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case.
Why is trial by jury better than judge?
We recommend a jury trial because it's better to convince multiple people that you are not-guilty rather than one person. In a jury trial, all jurors have to be unanimous–if we can convince one person that you are not guilty, then you won't be convicted. In a bench trial, we only advocate to one person: the judge.
What is a trial heard only by a judge without jury?
A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial.
Trial By Judge Alone Versus Judge and Jury
Why would someone have a non-jury trial?
Pros of the Non-Jury Trial
A bench trial, by its nature, saves you significant time and resources. A jury trial for a particular case might take days or weeks to try due to the court procedures and juror schedules. The same trial, conducted before a judge, might take a matter of hours or even minutes.
What is an immediate trial without a jury called?
A trial conducted by the judge without a jury is called a “bench trial.” A defendant, who voluntarily pleads guilty to a criminal offense, thereby waiving his/her right to a jury trial, will be tried by the judge without a jury.
Can the judge overrule the jury?
Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.
What are the disadvantages of a jury trial?
The use of juries can be expensive and time-consuming. Jury trials are often longer and more complex than trials heard by a judge alone, which can result in higher costs and longer waiting times for cases to be heard. Juries may be biased or influenced by outside factors.
What is the biggest disadvantage of juries?
One of the main disadvantages is that jury trials can be time-consuming and costly. This can put a strain on the court system and the public purse. Another disadvantage of a jury trial is that juries can sometimes be swayed by emotions or public opinion rather than the evidence presented.
What are the 3 cons negatives of a jury?
Trial by Jury: Cons
It's not uncommon for jurors to be unfairly swayed by personal emotion. Many people find it challenging to make a decision based solely on evidence and rules. Jurors can be unpredictable. There will always be uncertainty when a jury is involved.
What's the point of a judge if there's a jury?
In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury. A judge is similar to a referee in a game, they are not there to play for one side or the other but to make sure the entire process is played fairly.
Do juries make decisions?
Juries make decisions concerning guilt or innocence of committing a crime and on liability in civil matters. Psychologists who study group decision-making have focused a fair amount of their attention on juries.
Does the judge have the final say?
Judges in federal courts, from district courts up to the U.S. Supreme Court, have the final say on issues that have an effect on the lives of every American, including basic civil rights, religious freedoms, voting rights, affirmative action, and in some cases, life or death.
What is more effective a bench trial or a jury trial?
Generally speaking, a bench trial is advantageous really in only a small percentage of trials. A jury trial is usually heavily favored by most defendants because it allows twelve persons, rather than one, to determine witness credibility and, in some cases, unreasonable conduct by police.
Are judges and juries the same?
Many countries use juries as part of their legal system. In most countries that use juries, they are triers of fact, meaning juries determine the facts present in the case. Judges, on the other hand, are triers of law, meaning they determine the legal issues in the case.
Can a jury be wrong?
We all accept that sometimes juries get things right and sometimes they get things wrong, but this is our system of justice. There are times when the ultimate decision of a jury in an injury trial can be questioned, and even overturned. These are rare situations, but they do happen.
What are the strengths and weaknesses of a trial by jury?
Given that they are randomly chosen from the community, juries also don't bring towards the trial any political pressures and can be impartial regarding the case before them. However, a weakness of this is that as individuals, the jury can also harbor their own sense of bias towards the case.
What do juries decide issues of?
A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case. Consists of 6-12 people. Trials are generally public, but jury deliberations are private.
What happens if a jury isn't unanimous?
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung juries usually result in the case being tried again.
Can a judge give any sentence?
A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with ...
What is it called when a judge overrides a jury?
A judgment notwithstanding the verdict (JNOV) is a judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial.
What types of cases are guaranteed a jury trial?
All defendants in state criminal cases are entitled to jury trials according to the federal standard for "serious penalties" used by the Supreme Court. However, if the offense carries a sentence of 6 months or less, then a jury trial isn't mandated and the state can decide whether to provide a jury trial.
What kind of case does not require a trial by jury?
According to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
What happens to 90% of court cases?
The conservative estimate seems to be that over 90% of cases end in guilty pleas.