Why might someone elect for a bench trial?
Asked by: Prof. Kiel Armstrong IV | Last update: July 20, 2025Score: 5/5 (18 votes)
There are multiple advantages to a bench trial including: Faster resolution of the case. Jury trials require jury selection and instructions which can make the trial process last much longer. Bench trials can be scheduled easier than jury trials and are often resolved in a matter of hours.
Why would someone request a bench trial?
That said, there are some benefits to a bench trial. To start, your case may weave its way through the criminal justice system more quickly given that you won't have to deal with the jury selection process. Also, the judge hearing your case will know the law better than members of a jury would.
When would you have a bench trial?
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.
What are the advantages of a bench trial?
- More efficient. Bench trials generally lead to a quicker resolution. ...
- More neutral decision maker. A defendant may elect for a bench trial because judges can apply the law in a more neutral, dispassionate way. ...
- More predictable. ...
- Complex legal arguments.
What situation can a bench trial occur?
A bench trial is typically faster and less costly than a jury trial, as it eliminates the need for jury selection and deliberation. It is often used in civil cases, family court matters, and certain criminal cases where both parties waive their right to a jury.
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Can a defendant choose a bench trial?
In a Nutshell: A trial with a jury is recommended in certain types of cases, but not in others. When defendant wants to keep a jury away from rendering a ruling on the guilt or innocence of him (or her), a bench trial is the alternative.
How do you request a bench trial?
A formal written request must be submitted to the court in order for a bench trial to be granted. After reviewing the case, the court will then determine whether such a trial is appropriate.
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.
What is the purpose of a bench?
A bench is a long seat on which multiple people may sit at the same time. Benches are typically made of wood, but may also be made of metal, stone, or synthetic materials. Many benches have back rests, while others do not and can be accessed from either side. Arm rests are another common feature.
How common are bench trials?
Accordingly, bench trials are less common. For example, in 2017, U.S. district judges presided over 1,707 jury trials in criminal cases, but only 416 bench trials.
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. "
How much does a bench trial cost?
The dollar amount of how much a bench trial will cost the involved parties can vary drastically. While it may only cost a few hundred dollars for a guardianship bench trial, it could quickly cost more than $100,000 if it is a severe criminal case that requires significant preparation.
What is the rule 52 in bench trial?
If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding ...
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.
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.
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.
What are the benefits of a bench?
- Bench presses strengthen upper-body muscles. ...
- Bench presses increase muscle mass and endurance. ...
- Bench presses support strong bones. ...
- Bench presses promote heart health. ...
- Bench presses may improve athletic performance. ...
- Bench presses provide versatile exercise.
What happens in a bench?
A bench trial is where the judge decides guilt or innocence. The other option is a jury trial where you get six or twelve jurors who decided whether the accused is innocent or guilty. In most state courts, defendants receive a bench trial unless the plaintiff or defendant specifically requests a jury trial.
What are the rules for benching?
The lifter must lie with their shoulders and buttocks in contact with the bench surface. The elected position of the buttocks shall be maintained throughout the attempt. The lifter's toes must remain in solid contact with the platform (a lifter may use blocks to build up the surface of the platform).
Why would a defendant want a bench trial?
A bench trial can typically proceed more quickly than a jury trial because in a bench trial: The court may allow more flexibility on the start and end times each day with minimal breaks.
Why would someone have a bench 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.
Who decide the case in a bench trial?
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 .
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.
How do you prepare for a bench trial?
- Get familiar with the rules of evidence.
- Review all the papers filed, evidence, and declarations.
- Prepare your exhibits and arrange for witnesses.
- Watch a trial (if possible)
- Write down what you plan to say and ask at trial.
- Prepare your jury instructions.
- Prepare a trial brief.
Is a bench trial cheaper than a jury trial?
Bench trials are quicker and less expensive than jury trials.