Why would a defendant prefer a bench trial?
Asked by: Prof. Lawrence White DVM | Last update: May 23, 2025Score: 4.3/5 (47 votes)
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.
Why would a defendant choose 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.
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 are the pros and cons of a bench trial?
A bench trial allows for greater flexibility, with judges having the option of starting the proceedings earlier or ending them later. On the other hand, a jury trial must follow certain rules, such as a specific start and end time and enough time for breaks.
In what cases would a person choose to have a bench trial instead of a jury?
My experience is that with a judge trial the conviction rate is over 90% and about 60% with a jury trial. If the judge leans to the defense or is a lenient sentencer. If the issue is one of law rather than facts. Then you definitely want the case heard by the judge rather than a jury.
What is the difference between a bench trial and a jury trial.
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.
Why would a defendant not want a jury?
If you're assigned a judge with a record of showing leniency for mitigating circumstances, your lawyer may recommend waiving the jury trial. Bench trials are typically more private than jury trials and could be beneficial if a defendant wants to keep details of the case out of the public eye.
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 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 long do bench trials usually take?
A jury trial also takes much more time to present because it takes longer–a one day jury trial will take all day, while a bench trial will take 1-3 hours total. While we recommend a jury trial in most cases, a bench trial is the better choice when: The defendant wants the case resolved quickly.
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.
Who makes the final decision in 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.
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.
Why would a defendant want to go to trial?
Going to trial allows you to present your side of the story, challenge the prosecution's evidence, and assert your innocence. For many defendants, the opportunity to have their case heard by a jury of their peers is an essential aspect of the criminal justice system.
Who decides the truth in a bench trial your answer?
In a bench trial, a judge hears the evidence, determines the facts, considers the legal issues that arise, and decides whether a defendant is guilty or not guilty. There is no jury involved in a bench trial.
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.
Will a prosecutor take a weak case to trial?
Prosecutors are very selective about the charges they file, therefore, and they simply will not pursue a case that lacks sufficient evidence.
How often do judges reject plea bargains?
How Common Is It for Judges to Reject Plea Deals? The frequency of judges rejecting plea deals may vary depending on jurisdiction and individual cases. However, judges do exercise their authority to reject plea deals when they determine that they are not appropriate or just. It is a rare instance, but it does happen.
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.
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.
Who determines the outcome in a bench trial?
In a bench trial, the judge serves as the sole decision-maker, evaluating the evidence, interpreting the law, and delivering a verdict. In contrast, a jury trial involves a group of citizens, selected through a vetting process, who collectively decide the outcome based on the facts presented during the trial.
What is the best way to win a case?
- Learn the ropes. ...
- Understand how to present your case. ...
- Make sure your evidence is relevant and admissible. ...
- Get organised. ...
- Provide proof for what you say. ...
- Remember you must also prove your loss. ...
- Comply with court orders and rules. ...
- Show respect for the judge, the court and the process.
Why didn't I get picked as a juror?
Jury selection is a random process. As such, there is always the chance that a person may never be called while another may be called several times.
What happens if all jurors don't agree?
In both civil and criminal trials, if the jury can't agree on a verdict, they report back to the judge. If the judge feels the jury has not deliberated long enough, they will keep trying. A "hung jury" occurs when the jury is hopelessly deadlocked.
Should a defendant look at the jury?
During voir dire (jury selection) when there are 50 to 60 people, I want the defendant to make eye contact. I'll ask my client, 'Do you want that person on the jury and they will say: 'I just don't like that juror. '" Ramsey said it's helpful to have his client look at jurors.