Why would a defendant want a bench trial?
Asked by: Dr. Khalid Stanton DVM | Last update: August 5, 2025Score: 4.3/5 (28 votes)
Efficiency and Flexibility. 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 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.
Is a bench trial better for the defendant?
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 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.
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.
Should I Have a Jury or a Bench Trial for my Massachusetts Criminal 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 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 does a bench trial last?
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.
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.
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 .
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 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 ...
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.
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 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.
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.
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.
Why would someone have a bench trial?
Efficiency and Flexibility. 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.
What is the first step in a bench trial?
1. The Judge will announce the case and may make general comments. 2. Both parties may make an opening statement.
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.
Can a judge leave the bench?
At some point, and for a variety of reasons, every judge will transition off the bench. In this issue, authors reflect and share their personal experiences of what leaving the bench has meant for them.
Are there objections in a bench trial?
Since this is a bench trial, no motions in limine will be heard. However, any objection may be raised during the course of the trial.
Why do most criminal 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.
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 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.