Why One Might Choose a Bench Trial A case decided by a judge without the assistance of a jury is often referred to as a "bench trial." In bench trials, the judge takes on two roles: that of the referee who rules on the admissibility of evidence and decides questions of law, and that of the finder of fact who ultimately determines how much weight to give the testimony of different witnesses . In a jury trial, members of the community, selected at random from the state's driver's license or voting lists, are summoned by the court to potentially become part of the jury. Bench Trial. The judge is the finder of fact and the ruler of law. As an example, if you are charged with Driving While Impaired (DWI) in Maryland, where the maximum penalty is only sixty (60) days in jail, you would not be entitled to a jury trial. But . By Jason Krause. Plaintiffs won in 66% of bench trials, compared to about 53% of jury trials. However, in some trials, the jury may be absent, with only a judge left to determine the outcomethis is what is known as a bench trial. This protection applies to any type of criminal case, regardless . Some people consider a jury trial a right against . "The only trial that still needs a jury is a murder trial where the death penalty is in issue. Bench Trial Explained. A bench trial does not include a jury. Judge Richard Posner of the Seventh Circuit, for example, opines: "Court queues are almost always greatest for parties seeking civil jury trials. In other states, the choice rests with the defense alone - the solution you seem to suggest here. Specifically, a bench trial is preferable when you have a case that turns on technical, legal matters. In most criminal cases, juries (also called petit juries) are made up of 12 members of the community. 10, states that every criminal depending on the crime must be trialed with 12 randomly selected jurors. Can you choose between a trial by judge and a jury trial? Judges were more likely than juries to find for plaintiffs. In the U.S. there are some hurdles to obtaining a bench trial in criminal cases. A bench trial is slightly less formal than a jury trial and doesn't take as long. However . There are two types of trials a bench trial also known as a court trail and a jury trial. Table 10.10 Percentage Distribution of Pleas to Original vs. action requests a bench trial, a request federal district courts have honored since the founding of the Republic, that request will be defeated by the opposing party's request for a jury trial on a mirror-image counterclaim. You most commonly hear of defendants requesting jury trials. When you hire a lawyer, he or she will help you decide on a bench vs. jury trial, so contact the Law Offices of Kretzer and Volberding P.C. Jury trials are more common and well-known in the criminal justice world. While the above argument is certainly true and a good number of criminal cases that do go to trial are, in fact, jury trials, there are times when a bench trial actually might be more beneficial for you. If you waive your right to a jury trial, your case will be set for trial in front of a judge (bench trial). Jury selection and instructions take time, so a bench trial may resolve your case more quickly. Some types of civil cases can only be decided by a judge. A judge in a bench trial plays two roles: The finder of fact who determines the credibility of the evidence and the legal expert that rules on all legal issues.
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