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Bench Trial

A bench trial is a type of trial in which the judge conducts the trial him or herself, without there being a jury on hand. In this particular type of criminal law trial, there is no need for a jury to be present. In general, in a jury trial the fact-finding function is specific to the jury. In this type of bench trial, on the other hand, the judge will determine what the facts of the case are. In a traditional jury trial, the judge provides the jury with the instructional information they need on how to apply the law to the facts that are presented to them in the courtroom. In a bench trial, the judge does not need to do this and instead will apply the law to the facts.

Fast Facts

  • In state courts in 2005, there were 8543 bench trials.
  • In state courts in 2005, there were 18,404 jury trials that took place.

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