Criminal Trials: The Difference Between a Bench Trial and a Jury Trial

Anyone who has any familiarity with the United States Criminal Justice System and more importantly Criminal Trials knows that trials can be had either by a Judge or a Jury. In this context, the Judge and the Jury are what are known as the 'Trier of Facts;' which means they are the ones which judge the merits of the case. Having a case heard by a Jury, or by a Judge (called a Bench Trial) can affect the outcome of a Defendant's case. It is always good to explore what options you have as a Criminal Defendant with your Criminal Attorney. Going over the pros and cons of both a Jury Trial and a Bench Trial will help you make a determination as to which one will best serve your needs when taking your case to trial.

First to be covered in this article will be a Bench Trial. A Bench Trial, or trial by a Judge, is where there is no jury sitting in on the case. The Judge serves two purposes in a Bench Trial. First, the Judge makes determinations and ruling regarding procedural and evidentiary issues of the trial. This means that the Judge will dictate how the case will proceed, make rulings on objections, and deal with any other issues that may arise during the trial, either by the Judge themselves or on the request of the attorneys. The second purpose of the Judge in a Bench Trial is to make an ultimate ruling as to the guilt of the Defendant.

The Judge, who has listened to the evidence, and with an understanding of the law, will make the determination as to whether the State has proven their case 'beyond a reasonable doubt.' If the State succeeds in proving their case, the Judge will find the Defendant guilty and issue a sentence for them based on the Sentencing guidelines of that jurisdiction, as well as possible the criminal history of the Defendant and facts surround the case. If the Judge finds the State did not prove their case beyond a reasonable doubt, the Judge will find the Defendant not guilty. Bench Trials can be a good thing when there is some procedural or evidentiary issue which the case may be won on. If the criminal complaint is flawed, or some action of the Police was prohibited, a Judge will be able to recognize it and, likely upon motion of the Defense Attorney, dismiss the case. A Bench Trial, however, can be bad when the evidence against the defendant is damning and there are no procedural or evidentiary issues with the case. Criminal Judges see these cases day-in and day-out and many do not have the same level of sympathy as a jury member may.

Criminal Trials: The Difference Between a Bench Trial and a Jury Trial

A Jury Trial is a Constitutional Right under the Sixth Amendment of the U.S. Constitution. The right does not apply to 'petty crimes' which have been determined to be those which do not carry with it the possibility of six months or more in prison. The U.S. Supreme Court has held that, in accordance to the Constitution, a jury can contain no less-then six jurors. There is no requirement for a unanimous verdict, though Federal court and some States require it. A Jury trial, as mentioned above, is better suited for handling cases in which the Defendant's case may not be that strong, and the strategy is to have the jury use their sympathy for the Defendant in making their ruling. So, if the Defendant's trial strategy is pleading to the sensibilities, or the heart-strings, of the 'trier of fact,' a Jury Trial will better serve the Defendant. A Judge still sits in on a Jury Trial to handle the procedural and evidentiary issues which may come up.

For help with your criminal case, speak with a local criminal attorney.

Criminal Trials: The Difference Between a Bench Trial and a Jury Trial
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As a Raleigh Criminal Attorney and Raleigh DWI Attorney, I have had many and varied experiences in the world of Criminal Justice. I have experience on both sides of the 'isle,' as I have been both a Criminal Defense Attorney as well as an Assistant District Attorney. Early in my days at North Carolina Central University School of Law, I developed an interested in Criminal Law. Specifically, how the system relies on the majority of the public not having a well rounded understanding of the laws and the Justice System used to enforce them. For that reason, I have pursued my interested into a career as a Criminal Defense Attorney working out of Raleigh, North Carolina. I opened my own law firm, Matheson Law Office, with the intention of being one of Raleigh's top Criminal Defense Attorneys.

Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

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