What is the difference between a bench trial and a jury trial?
Asked by: Dr. Jamir Ernser Jr. | Last update: June 6, 2026Score: 4.8/5 (27 votes)
The main difference is the decision-maker: a bench trial has the judge decide the verdict, while a jury trial uses a group of citizens (a jury) to determine guilt or innocence, with judges acting as referees. Bench trials are usually faster, cheaper, and focus on legal arguments, while jury trials involve jury selection, can be more emotional, and are considered more democratic, relying on peer judgment.
What is better, a bench or a jury trial?
While we recommend a jury trial in most cases, a bench trial is the better choice when: The defendant wants the case resolved quickly. Bench trials are easier to schedule because a judge can have multiple bench trials in one day. A judge can only have one jury trial in one day.
What determines a bench or jury trial?
Choosing between a jury and bench trial depends on a multitude of factors, including the nature of your case, the facts, the emotional weight of the allegations, and even the potential biases of jurors.
What are the disadvantages of a bench trial?
Bench Trial Cons
The disadvantage of having a shorter trial is that there is less time for both sides to present their case. Additionally, because the judge is the only one making a decision in a bench trial, some people feel that this can lead to bias or partiality.
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 trial and a jury trial.
Is it better to do trial by judge or jury?
Lawyer folk wisdom often points to choosing a jury if a case has emotional appeal, and choosing a judge if a case is complex and based on technical legal questions. Of course, you may end up with a jury trial even if you prefer a judge trial because your adversary may have an independent right to insist on having one.
What are the odds of winning a bench trial?
According to a study by the U.S. Department of Justice's Bureau of Justice Statistics, plaintiffs win in about 68% of bench trials compared to 54% of jury trials. However, median awards in jury trials were over three times higher.
Why would someone want a bench trial?
In a bench trial, the judge serves as both the trier of fact and the law. There's no jury, just your arguments, your evidence, and the court. Bench trials often move faster and allow for a more streamlined presentation, especially when legal complexity outweighs emotional appeal.
What happens if you don't show up for a bench trial?
If you do not show up in court when you are supposed to, the judge can issue a bench warrant that authorizes law enforcement to arrest you and bring you before the court. A bench warrant can also appear on background checks, so this can impact employment opportunities and other aspects of your life in the future.
How do you prepare for 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 you refuse a jury trial?
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
Are witnesses called in a bench trial?
Here's how a typical bench trial unfolds: Opening Statements: Each side outlines their case. Presentation of Evidence: Witnesses are called, and documents or exhibits are submitted. Cross-Examinations: Opposing counsel can question each witness.
Why would someone choose not to have a jury trial?
Jurors are laymen, not trained in the law, and if the defendant's best defense is based on a complex legal concept, a jury trial may not be the best option. Jurors, while in theory should be impartial, still may come to the courtroom with their own feelings, thought patterns, and biases.
What types of cases use bench trials?
Bench trials are commonly used in various legal areas, including civil, criminal, and family law cases. They can be beneficial for defendants who choose to waive their right to a jury trial, often opting for a bench trial to expedite the process.
Is a bench trial serious?
More likely than not, if you have been charged with a crime, a jury trial is your best option. For less serious offenses, like traffic violations, some juvenile offenses, or petty offenses, a bench trial makes sense.
Why do lawyers ask to approach the bench?
An attorney may approach the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot. An attorney or juror must obtain permission from the judge to approach; e.g. "your honor, may I approach the bench?" For example, in People v.
What happens if you miss a bench trial?
Depending on the details of your situation and the bench warrant you can have your driver's license suspended, additional fines and jail time, probation violation, and more. If you miss your court date the outcome will depend on the presiding judge and your criminal charges.
How much of a 30K settlement will I get?
From a $30k settlement, you'll get significantly less than the full amount, as deductions typically include attorney fees (around 33-40%), case expenses, and payments to medical providers (health insurance, Medicare/Medicaid, or doctors paid via lien), potentially leaving you with around 30-50%, though this varies greatly, so ask your lawyer for a detailed breakdown.
Why would someone choose a bench trial over a jury trial?
Bench trials are advantageous when both parties want the case to be resolved as soon as possible. A bench trial allows for greater flexibility, with judges having the option of starting the proceedings earlier or ending them later.
Is a jury trial serious?
Jury trials are used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases.