Related resource: The 19 Cheapest ABA Approved Online Paralegal Programs. Conclusion In this circumstance, if you disagree with a ruling from the bench, it does little to no good to argue your position. As in a jury trial, the prosecutor in a bench trial must present evidence that proves beyond a reasonable doubt that the defendant is guilty of the crime(s) charged. trial memo. Consequences for a Witness Who Fails to Appear. It's easier to get a court date and trials are usually much shorter with less complicated issues. What you can expect depends on whether you have a … In federal court, defendants are entitled to a jury trial for any felony and any charge that carries a potential jail sentence, including petty misdemeanors and infractions. Courtrooms are open to the public. The judge sits at the front of the court and controls proceedings. A layperson likely associates most trials with a jury because of popular television show references such as Law & Order and The Good Wife. An issue of (purported) fact is a (potential) event that the factfinder at trial (jury, or judge in the case of a bench trial) is charged with crediting (determining what "really happened," according to the credibility of the witnesses/experts/etc. You can decide based on your experience with the judge and court whether you feel a jury trial or bench trial will lead to the fairest outcome. At a bench trial, the judge makes the same procedural decisions, hears the evidence, and decides whether the defendant is guilty or not guilty. In some states, the information on this website may be considered a lawyer referral service. Your case will be tried at a bench trial. They directly engage with the judge and help make very important decisions throughout a bench trial. Bench trials are a frequent occurrence regarding civil trial issues. Good luck. The judge’s duty is to hear the case and if the individual is found guilty of the crime, the judge will determine their punishment. /content/aba-cms-dotorg/en/groups/litigation/committees/woman-advocate/practice/2018/bench-trial-tips, Why Knowing Your Audience is the Key to Success. With bench trials, special consideration must be made to safeguard against narrowing the scope of your arguments too early in the pretrial proceedings. at trial). The judge decides the case without a jury. For instance, a judge may be a little more lenient with the rules of evidence in a bench trial. Unlike a jury trial, in which you cannot be certain about the dynamics of the jury or the outcome of a trial, a bench trial presents the parties with a unique ability to peek behind the curtain. In a bench trial, there is ample opportunity to present the court with arguments throughout the pretrial proceedings. Even when the defendant is entitled to a jury trial, the defendant can choose instead to have a bench trial. 4 Answers. The following are some advantages to a bench trial, from the defendant’s perspective. Queen’s Bench Division, also called (during a kingship) King’s Bench Division, formerly Court of Queen’s Bench, in England and Wales, one of three divisions of the High Court of Justice, the others being the Chancery Division (formerly the Court of Chancery) and the Family Division. If the judge states before trial that he will not impose any jail or prison time, then the defendant no longer is entitled to a jury trial and will have a bench trial. There are some peculiar aspects of a bench trial that you should not let throw you off your game. It is also vital to leave room for your case to grow and take form as the parties embark on discovery. With bench trials, the judge plays the role of the jury as finder of fact, in addition to making conclusions of law. the tenant is bad person) or speak out of turn. Use the Judge’s Published Opinions as a Roadmap to Success People in the courtroom. The general provisions for a trial by bench are laid out in the Federal Rules of Criminal Procedure. Again, if the judge requests that you move on, listen to the judge. The latest decisions rendered by a judge are a roadmap to your success. There are two different types of trials —jury trials and bench trials. A bench trial occurs when a court case is tried in front of a judge rather than in front of a panel of jury members. A local attorney 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. A jury trial is Although a judge’s opinion may not be exactly on point with the facts, claims, and legal arguments in your case, these opinions provide more insight than might first meet the eye, especially in the context of a bench trial. The State could request a continuance of the trial if a witness fails to appear in court. Shape the Judge’s View of Your Case Prior to Trial A Court Trial, or what is sometimes referred to as a Bench Trial, is a trial in front of a judge.Instead of having a trial by jury, you may choose to have your case decided by a judicial officer. According to an article published on the Forbes website entitled Why Knowing Your Audience is the Key to Success by Jayson DeMers, when you know your audience, you set yourself up to get optimal results. Judges are impartial, but a case can be won or lost by an unprepared litigant or attorney or failure to follow what are the four cardinal rules of trial. Thus, as a legal practitioner, it is essential to understand some of the nuances of a bench trial. A jury trial is a trial before a jury of 6 or 12 people who, after hearing the evidence and legal arguments, decide whether the defendant is guilty or not guilty of the charges against him. The American Bar Association outlines the differences between a bench and jury trial: Bench trial. A thoughtful pretrial brief offers a great opportunity for you to educate the judge about your case as well as persuade the judge to view the facts from your point of view. Bench & Jury Trials. However, the Court will only grant the request if the State served the witness with a subpoena. In a jury trial, the jurors make determinations of fact, with the judge presiding over the trial and ruling on questions of law. Brevity is always appreciated. The court is required to follow the same rules of evidence and procedure at every trial, and the judge cannot rule differently in a bench trial than he would in a jury trial. Although jury trials receive more attention than bench trials, it is important that bench trials are not overlooked. Answer Save. At a jury trial, the judge must 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. A judge may even direct you to move on from a point that you had every intention of emphasizing with a little theatricality. In a bench trial, the ultimate decision-maker is the judge; There is significant opportunity to present arguments throughout the pretrial proceedings; You must be conscious about not narrowing the scope of your arguments too early because there’s no going back; A judge may be a little more lenient with the rules of evidence; Bench trials allow both … what happens at this point in a bench trial? In a criminal proceeding in state court, a defendant may face a jury trial or a bench trial. This can be a good or bad thing. A bench trial is a trial by judge, as opposed to a trial by jury. Knowing and understanding your audience in a bench trial often goes hand in hand with being flexible. If you are charged with simple assault, for instance, and the possible penalty is only 30 days in jail, you would not be entitled to a jury trial. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Relevance. On the other hand, if a witness fails to appear in court there could be implications for the witness. Do Not Sell My Personal Information. As with anything, there are pros and cons to a trial by judge vs. jury, and federal criminal defense lawyer Seth Kretzercan help you decide on the right option for your unique situation. If the jury reaches a verdict, or upon the conclusion of a bench trial when the judge issues a verdict, the defendant may be convicted of all charges, convicted of some charges but acquitted of others, or acquitted. Essentially, you are compiling vital analytics about your audience and knowing your audience is one of the best ways to stay ahead of your competition. A quicker trial also means the trial is less expensive for the defendant if he has private counsel. During bench trials, a judge may stop an attorney mid-examination of a witness to ask the witness a question. A bench trial is where you argue you case before a judge instead of a jury. This means there is no jury to make a decision on the case, and the judge will decide if you’re guilty. The same rule applies for bench trials. A judge may even direct you to move on from a point that you had every intention of emphasizing with a little theatricality. There are no concrete rules for trying a bench trial, but employing the foregoing tips may significantly affect your experience. If you recognise the defendant or anyone else involved in the trial, tell a court official at once by passing them a note. If a defendant is charged with a crime and must appear in court for a criminal proceeding, the defendant will typically have the choice between a bench trial or a jury trial. It is well known that the portion of legal matters determined by trial has largely declined over time. A bench trial is a court trial in which two parties are brought before a judge to present their respective cases and evidence. Either a judge or a jury makes the factual decisions, such as whether or not the item sold to you was defective. The judge cannot rule differently in a bench trial than he would in a jury trial. courtesy copy. What is a Bench Trial? Generally speaking, a bench trial is advantageous really in only a small percentage of trials. A few criminal traffic violations are jury eligible, meaning the defendant can choose to try his case before a jury rather than the judge. 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