Why would a defendant choose a bench trial over a jury trial?
Asked by: Herminia McGlynn | Last update: May 13, 2025Score: 4.1/5 (48 votes)
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.
Why a bench trial over a jury trial?
Compared to juries, a judge at a bench trial is often assumed to be more2: Equipped to observe gruesome or violent facts without emotional upset. Able to discount negative publicity and news coverage. Capable of focusing on facts rather than a client's record, hostility, or disconcerting affect.
Why would a defendant not want a jury?
The common reason for opting out of a jury trial is that the defense is highly technical either because of the facts or the law, and would be hard for the jury to grasp. The nuances of the law at issue are not readily apparent to a ordinary juror, but are likely within the understanding of the judge.
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 are the disadvantages of a jury trial?
Juries sometimes have difficulty understanding judicial instructions and complicated evidence, are susceptible to emotional appeals, may be biased, deliberate in secret without accountability, and require concentrated trial of all issues at once.
Choosing Between a Jury Trial and a Bench Trial for Your Case
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.
What are two things jurors should never do?
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.
Why would someone ask for 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.
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 is the success rate of a bench trial?
Plaintiffs won in 66% of bench trials, compared to about 53% of jury trials.
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.
Why do some defendants give up their right to a jury trial?
You want a less expensive resolution, meaning a bench trial costs much less than a jury trial. You want to plead guilty or no contest the criminal charges as part of a plea agreement with the prosecutor, meaning the case will not need a trial but instead go directly to a sentencing hearing.
What is a trial without a jury called?
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 .
Why would someone not want a jury trial?
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
What determines the outcome in a bench trial?
A bench trial is a legal proceeding where a judge serves as the sole fact-finder who decides both the applicable law and the facts of the case. Unlike a jury trial, which involves a group of peers determining the verdict, a bench trial relies entirely on the judge's interpretation of evidence and testimony.
Who is more powerful, a judge or a jury?
Ultimately, it's up to the judge to rule on these issues of law, and decide which evidence can be considered. Therefore, the jurors should only make their decision based on what is seen and heard in the courtroom, and nothing else. Courts have other standard rules, to make sure the entire process is fair and impartial.
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.
When would you want 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.
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. "
Which is better, a jury trial or a bench 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.
How to win over a jury as a defendant?
Make the evidence clear and understandable. Give the jury road-maps as you put it together with them. Use diagrams or document summaries — anything and everything so the jury understands that you are doing whatever is in your control to give them the tools to put together the evidence.
Can a judge deny a jury trial?
In civil cases the right to jury trial may be waived as provided by applicable law, but waiver should neither be presumed nor required where the interests of justice demand otherwise.
What not to say to a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
What is one question that lawyers always ask jurors?
For example, in any type of criminal case, the lawyers might ask potential jurors if they've ever been a victim of a crime or had negative interactions with law enforcement. Lawyers want to know this because crime victims could be biased against a defendant.
What happens if a juror talks about a trial?
If the contact was surreptitious, the judge may substitute an alternate juror or order a mistrial. See G.S. 15A-1215(a); State v. Cutshall, 278 N.C. 334 (1971). Similarly, if a juror contacts counsel at home, the judge may substitute an alternate.