What is the bench in a court case?
Asked by: Wilma Deckow | Last update: October 5, 2025Score: 4.8/5 (60 votes)
The bench is the focal point of the courtroom and should be placed in a prominent location that commands a view of all areas of the courtroom. It should face the spectators and may be placed on the front wall, either centered or off-center, or in the corner of the courtroom.
What does bench mean in court?
Bench refers to the seat where the judge sits in the courtroom, and the term is used to refer to the judge. It can be used to describe all the judges of a particular court, such as the second circuit bench, or “full bench”, which refers to all the judges of a court.
Do you get sentenced at a bench trial?
Do You Get Sentenced at a Bench Trial? Yes, if the judge finds the defendant guilty, they can pass a sentence or make orders. Bench trials allow judges to be “the professional trier of fact” and the decision-maker for the case.
What is the difference between a bench and a jury?
In a bench trial, the judge is the fact-finder and there is no jury. The judge hears the evidence, considers the law, and makes a decision on whether the defendant is guilty or innocent. In a jury trial, a panel of your peers (community members) decide the case.
Why would a defendant want a bench trial?
The defendant usually gets to choose a bench trial if he wants, if he is entitled to a jury trial. It can benefit a defendant where, for example, the evidence would inflame the jury and presumably the judge could set aside his or her emotions better, weigh the evidence and understand the burden of proof better, etc.
What is a Bench Trial?
Is a bench trial good or bad?
Generally, it is better to have a bench trial when legal issues are involved in the case that can determine its outcome. Judges may be more open to hearing legal arguments about case law and similar findings in the same jurisdiction.
Do you need a lawyer for a bench trial?
If you, or someone you love, has been charged with a crime, and it is determined that a bench trial is to be conducted, it can be important to understand the process. It's also recommended you hire an experienced criminal defense attorney who can represent your case well and help you to understand the proceedings.
Why would someone have a bench trial?
A bench trial is also faster and the judge often returns a “finding” (the functional equivalent of a verdict) much quicker than in a jury trial. A quicker trial also means the trial is less expensive for the defendant if he has private counsel.
What happens to 90% of cases?
According to the Department of Justice's Bureau of Justice Assistance, " The overwhelming majority (90 to 95 percent) of cases result in plea bargaining. "
What is a bench decision?
Definition: A bench ruling is when a judge gives a decision or ruling verbally while sitting on the bench in the courtroom. This means that the judge does not write down the decision, but instead speaks it out loud for everyone in the courtroom to hear.
What happens to 90% of court cases?
The defendant enters a plea to the charges brought by the U.S. Attorney at a court hearing known as arraignment. More than 90 percent of defendants plead guilty rather than go to trial.
What is the first step in a bench trial?
The bench trial begins with opening statements from both sides. These statements outline the key arguments, facts, and evidence each party will present. Since the judge will decide the case, opening statements in bench trials are often concise and focus on legal and factual details rather than emotional appeals.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
Is a bench trial final?
In a bench trial, a single judge decides questions of fact and questions of law and makes the final verdict (decision) in the case. In a jury trial, twelve individuals, known as jurors, examine the evidence and witness testimony presented by both sides (plaintiff/prosecution and defense) to reach a verdict.
What is a bench charge?
The charge that the battery receives on charging bench is called bench charge.
Who sits on the bench in court?
The Judge. The judge presides over the trial from a desk, called a bench, on an elevated platform.
Why do most cases never go to trial?
But most cases end pursuant to a plea bargain. Plea deals often make sense for both sides. The government doesn't have the resources to try every case. Plus, it sometimes doesn't want to run the risk of acquittal.
How often do judges accept plea deals?
It is often said and widely accepted that ninety percent (90%) of criminal cases never make it to trial, due to plea bargaining. A plea bargain is an agreement between a defendant and the prosecutor for a lighter punishment in exchange for something else: usually a guilty plea, cooperation, or assistance of some kind.
What happens if I lose at trial?
If you lose your case, you can appeal to have a higher court review the jury trial. The appeals process is not a chance at a new trial. There are limited reasons you can file an appeal. An appeal is usually limited to errors of law.
Who decides if a case is a bench or jury trial?
The decision to have your case tried in front of a jury or in front of a judge is yours and yours alone. Your lawyer can help you make the decision, but ultimately, it's the defendant's choice. Put simply: a defendant has the option of having a judge or a jury hear the case.
How to win a bench trial?
Know and understand your audience, including the judge and any law clerks involved, by conducting research on their background, recent cases, and experiences of other lawyers. Be prepared to be flexible during a bench trial, as judges may have different approaches and leniency with rules of evidence.
Can a bench trial give the death penalty?
Justice Stephen Breyer noted in Hurst v. Florida (2016) that “the Eighth Amendment requires that a jury, not a judge, make the decision to sentence a defendant to death.” He drew on arguments by Justice John Paul Stevens in Spaziano v.
What to expect from a bench trial?
A bench trial is a trial where the judge is the sole fact-finder; that is, the judge alone makes a decision on the merits of your case after both sides have presented evidence.
What are the disadvantages of a bench trial?
- Only the judge decides as opposed to a 12-member jury. Thus, your fate rests in one set of hands versus 12 sets of hands. ...
- The judge is familiar with all the evidence. A judge may be able to be unbiased, but that only goes so far.
Why would a defendant prefer a bench trial?
In most cases, the defendant wants to save as much money as possible in any way possible. Defendants and their families can save money on legal fees by choosing a bench trial. This is especially true in criminal cases. Additionally, there is also the cost for jury members.