Bench Trial

A bench trial is the legal term for a criminal or civil trial before a judge rather than a jury.  A bench trial is named such because the judge presides at what is called the bench.  In a bench trial, the judge determines all questions of law and decides the contested issues of fact in a criminal or civil case.  The US Constitution protects the right of criminal defendants to a trial by jury.  A jury trial involves a randomly selected group of usually twelve citizens that hear the evidence in a case and decide the legal facts in question. 

The sixth amendment of the Constitution states that those accused of a criminal offense shall “enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed.”  In most legal cases, the defendant has the right to a jury trial and is protected against a compulsory bench trial.  The right to a jury trial is intended to protect defendants from an unjust court trial.

In some situations, a defendant may not have the absolute right to a jury trial, in which case they do not have discretion over whether or not their case is heard in a bench trial.  When a person has been accused of a violation (rather than a crime) they may not have the right to contest a bench trial.  Cases involving some civil disputes- such as those that request a defendant do something rather than pay money, or those involving child support or custody- may also not guarantee the right to a trial by jury.  A mandated bench trial may also not be refuted in some juvenile criminal cases. 

The defendant often has the legal right choose between a jury or bench trial.  When a defendant wishes to request a bench trial, they must do so formally in writing at the appropriate time.  For a bench trial to be granted, as requested by a defendant, the court must approve.  A court will refuse a bench trial request if they feel it has been chosen to create an impermissible advantage.  When considering the right to waive a jury trial, a defendant should discuss the benefits and drawbacks of a bench trial with their attorney. 

There are pros and cons to both jury and bench trial proceedings.  A bench trial may be desirable when: the facts of the case involve subtle legal distinctions that a judge would appreciate but a jury may neglect, when the defendant seeks reduced charges rather than a not guilty verdict, when the presentation of facts may be injurious if presented to a jury, and similar situations.  Bench trial proceedings are often less complicated, less formal and less time consuming than jury trials.  There are additional benefits of a bench trial that can be discussed with a legal professional. 

There are also drawbacks to a bench trial.  There are many circumstances where a jury trial may give the defense a strategic advantage.  Some defendants choose a jury trial because they feel that a jury will be more sympathetic than a judge.  The defendant in a bench trial may have limited grounds for an appeal should the bench trial produce a dissatisfying result.  In cases where a defendant has the choice between a jury or bench trial, the decision is often a complicated one.  If you are interested in learning more about a bench trial, please contact us to speak with a qualified attorney who can protect and maximize your legal interests.