When you imagine a trial, there's a good chance you picture some version of the process that you've seen on a TV show or in a movie. A criminal defense lawyer is standing in front of a judge and a jury presenting arguments.
There is, however, another way trials can be handled. As part of a criminal defense, you can waive your right to a trial by jury and instead ask for what is called a bench trial. You may be wondering what that is and whether it might be right for you. Let's take a look at both those questions.
Differences in Findings
A major distinction between the two approaches is how the finding of "guilty" or "not guilty" is determined. During a jury trial, the judge is there to referee disputes over how the case is presented. The actual finding that's delivered after deliberation, though, is entirely the jury's job. A jury made up of 12 citizens selected from your area's population will all have to agree that you did something criminal and that the evidence points to this fact "beyond a shadow of a doubt."
In a bench trial, the judge takes over the role of the jury. The judge has the same responsibility as the jury to arrive at a finding of the facts and whether those facts prove unimpeachably that you committed a crime. In theory, the main difference is the "who" and not the "what," but in practice, having a judge make the decision is a radical difference.
Emotionally Charged Cases
For your standard criminal defense lawyer, a bench trial is typically most appealing when it will be hard to present an argument that won't outrage the average person. A person accused of sexual assault, for example, might elect for a bench trial because the basis of their claim of innocence may be offensive or disgusting but not illegal. It can be hard to trust that a group of 12 people won't be so outraged by a defendant's conduct that they can truly render an unbiased verdict.
Pros and Cons
The main pro of a bench trial may also be its main con. One person will decide your fate. This can be a pro because your criminal defense lawyer only has to make an argument that appeals to the judge. Conversely, all 12 members of a jury have to agree on a guilty verdict, but just one "not guilty" lets you walk.
Share