Because a jury is not present, a bench trial may be a bit less formal than a jury trial, but all rulings must be consistent. While a constitutional right to a jury trial exists in most criminal cases, the same isn't true with a bench trial. A defendant may waive give up their right to a jury trial, but if the prosecutor objects or the judge rejects the defendant's waiver, the trial will go before a jury.
The decision to waive the right to a jury is a weighty one and must be made by the defendant not defense counsel. A defendant's attorney can advise on the advantages and disadvantages of a bench or jury trial. Choosing a bench trial doesn't come without risks. Here are some of the disadvantages to bringing the case before a judge and not a jury.
If you are facing criminal charges and need to decide between a bench or jury trial, your best option is to be represented by counsel as early as possible in the criminal process.
A local attorney who has experience in the court in which your case is being tried can identify the specific advantages or disadvantages to a bench trial or jury trial in that court, give you meaningful advice about your options, and represent you throughout your entire case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 What Is the Bench Trial Process? A bench trial is tried to a judge only—there's no jury.
Learn how bench trials work in criminal cases and why a defendant might choose to go that route over a jury trial. Jury Trials and Bench Trials A jury trial typically involves 12 individuals who, after hearing the evidence and legal arguments, will decide whether the prosecution has proved the defendant guilty or not of the charges against him. Deciding Between a Jury or Bench Trial The decision to waive the right to a jury is a weighty one and must be made by the defendant not defense counsel.
Advantages of a Bench Trial Here are some advantages to a bench trial from the defendant's perspective. Give our legal team a call today to learn more about the ways in which our experienced trial attorneys can protect your best interests during the entirety of your involvement with the civil justice system. The key difference between a bench trial and a jury trial is whether or not there is a jury to decide the outcome of the case or whether a judge makes a decision.
In all civil court cases, including those in which a jury makes a decision, a judge must preside over the case.
Instead, this becomes the job of the judge as well. The judge will still make the key legal rulings about what kinds of evidence can be admitted. Both parties have the same legal rights in both a trial by judge and a trial by jury. In both cases, a plaintiff in a civil case has to prove his or her claims by a preponderance of the evidence… which means having to prove the facts as presented are more likely than not to be true.
The difference comes down to who makes a decision on how whether the plaintiff has proved his case. Constitution, all criminal defendants have the right to a jury trial. The defendant is guaranteed the legal right to a speedy public trial by an impartial jury. During the voir dire phase of the trial, both the defense attorney and prosecutor asks potential jurors questions under oath in order to discern their likelihood of serving as impartial members of the jury.
The jury is typically made up of twelve individuals who must evaluate the evidence offered in the court case. They must weigh and discuss discrepancies in the presentation of evidence. At the start of the trial, the judge provides members of the jury with some instructions about their fact-finding role. However, in most trials, the judge is likely to provide most of the instructions after both sides have presented their evidence.
It must decide if the prosecutor met the burden of proof in the case. They will also attempt to resolve discrepancies concerning the facts to render a unanimous verdict. If the jury determines that the prosecutor met the required burden, the defendant is convicted of the crime. In a death penalty case, the judge is called on to determine the sentencing. Learn how a criminal defense attorney can help your case.
Get your free ebook today ». You have the right to engage a criminal defense attorney to represent you at the trial. Before deciding whether a bench trial or a jury trial is best for you, consult with an experienced criminal defense attorney.
0コメント