What is the bench trial process?

The bench trial process can vary from state to state according to local laws, however as a general rule a bench trial follows much of the same procedure as a jury trial, minus the jury. This means that a bench trial is usually faster and sometimes less formal than a jury trial.

In a bench trial the judge has the responsibility of deciding matters of law and deciding the verdict. In a jury trial the judge makes all decisions pertaining to matters of law but the jury has to make decisions on the facts and come up with a verdict. In a bench trial the judge is required by law to conclude the trial with a verdict. In jury trials there can be conclusions without a verdict such as a mistrial or hung jury.

Because there is no jury involved in a bench trial, the process is streamlined by not having to:

• Spend time on the entire jury selection process.
• Take time to explain the trial process to a jury, and explain matters of law.
• Instruct the jury.
• Remove the jury from the court room for proceedings such as those required for the judge to make decisions about whether or not to allow certain disputed evidence or witness testimony.

Is a Bench Trial Always An Option?

For serious crimes a defendant always has the right to a trial by jury and if a bench trial is desired, defendants have to waive their right to a jury trial in writing and request a bench trial.

• The prosecution also has the right to a jury trial, so their agreement to do a bench trial instead is needed.
• The court has the final say in whether or not a bench trial will be allowed, if statutorily available. As an example, in New York State if you are charged with first degree murder you must have a jury trial.

Which Should I Choose?

If a bench trial is an available option (and sometimes they are mandatory for lesser offenses) you have to discuss the pros and cons with your attorney. Many attorneys believe that in most cases a jury trial is desirable, but you are likely to find an equal number who can argue in favor of a bench trial given the unique circumstances of the crime with which their client is accused. You should never make decisions about your legal rights without talking to your attorney and making sure you understand your options.