Bench Trial vs. Jury Trial: How the Process Works

If your criminal case goes to trial, one of the most important decisions you’ll face is whether to have the facts decided by a jury or a judge alone. A judge-only proceeding, called a bench trial, can offer real strategic advantages. But it also comes with significant risks that aren't always obvious. Understanding how bench trials work, how they compare to jury trials, and what rights you actually have in choosing between them can directly affect the outcome of your case. Both options follow the same rules of evidence and procedure, but the dynamics are very different. Before making this call, knowing the advantages, disadvantages, and hidden factors of bench trials could make all the difference.

How Does a Bench Trial Differ From a Jury Trial?

The core difference between a bench trial and a jury trial comes down to who decides the facts—and in a bench trial, that's the judge.

Jury Trials in Criminal Cases

In a jury trial, twelve jurors will be selected to hear evidence and legal arguments in the criminal case. Jurors are the factfinders in the case. They must decide whether the prosecution proved beyond a reasonable doubt every element of its case against the defendant. The jury's decision must be unanimous.

The judge, on the other hand, will make decisions on criminal laws and procedures, not facts. The judge guides the trial and will rule on the procedural and evidentiary issues, such as who can testify, what witnesses can testify about, and what documents or physical evidence the jury can consider.

Bench Trials in Criminal Cases

At a bench trial, the judge takes on the role of jury, in addition to its own role. The judge will rule on the procedural and evidentiary issues and decide issues of fact. The judge will make the rulings, hear the evidence, and decide whether the defendant is guilty or not guilty.

Are the Procedures the Same in Bench Trials and Jury Trials?

For the most part, yes. Whether your trial is a bench or a jury trial, the criminal rules of evidence and procedure are the same. But, in a bench trial, you’ll skip jury selection, instructions, and deliberations.

All other processes followed during the trial should be the same. The judge cannot rule differently in a bench trial than in a jury trial. 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. If convicted, you have the same post-conviction and appeal rights.

Does a Defendant Have a Right to a Bench Trial?

No. 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.

How to Decide 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). A defendant's attorney can advise on the advantages and disadvantages of a bench or jury trial. It’s important to carefully consider their advice, as every defendant’s case and situation are unique.

What Are the Advantages of a Bench Trial?

Here are some advantages to a bench trial from the defendant’s perspective.

Quicker Resolution

A bench trial is usually a quicker way to complete a case. It can be scheduled sooner and does not require jury selection or jury instructions, both of which make the trial process last much longer.

Dealing With Irrelevant and Damaging Information

In some trials, information might come out that puts the defendant in a bad light. Even if the information is technically irrelevant to the charge and the judge instructs the jury not to consider it, jurors might have a tough time setting aside the information. A judge might be more neutral than a jury and better able to focus on only information relevant to the case.

Say there's a good chance witnesses and other information in a case might indicate that a defendant is a gang member or has gang affiliations, even though the alleged crime is not gang related. Any gang connection that comes to light raises concerns that jury members might automatically view the defendant as a criminal and be more likely to convict.

Applying Complex Rules and Deciding Complex Facts

If the case turns on applying a complex legal rule to the facts of the case, some attorneys and legal experts worry that jurors could have difficulties with the process or even ignore the rule. Here, having a bench trial with a knowledgeable judge versed in the rules might be a better choice. Some experts also believe that juries tend to decide issues on emotion rather than applying the legal rules they’ve been instructed to use.

Cases can also come with complex fact situations, such as regulatory violations, financial fraud cases, cybercrimes, and tax crimes. A criminal defense attorney might advise a defendant that a judge will be better able to evaluate dense or technical evidence.

What Are Disadvantages of a Bench 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.

It’s a Numbers Game

At a bench trial, the prosecutor has to convince only one person of a defendant’s guilt, while at a jury trial, the burden increases to convincing all 12 jurors. Put another way, the defendant may “win” if only one juror holds out for acquittal (leading to a mistrial and perhaps a good plea bargain or a dismissal of the charges).

The Judge Knows All the Evidence

At either a jury or bench trial, the judge decides what evidence will be admitted. Prejudicial, irrelevant, or untrustworthy evidence is excluded, and ideally, the jury never hears it. But at a bench trial, where the judge is the jury, it might be hard for the judge to disregard damaging evidence that is technically inadmissible, no matter how conscientious the judge might be.

The Judge Will Follow the Rules

In some cases, the defense strategy is to hope that the jury will not follow the rules and will acquit on emotional or political grounds instead. For example, if the case has been “overcharged” (heavy charges for a minor offense), the defendant is sympathetic, the charges are unpopular (such as marijuana use or medical use), or the prosecutor is heavy handed or a bully, the jury might “Just say no.” A judge is not likely to rebel in this way.

Pressure to Convict

Some experts question the neutrality of judges when deciding whether a defendant is guilty. Critics (or cynics) suspect that, because they hold public office and may have to stand for re-election, judges may be tempted to please the public’s perceived desire for conviction.

Why You Need an Attorney for This Decision

If you’re 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 or public defender 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.