Jury Trial Vs Bench Trial

This article provides important tips for a bench trial to ensure that you are positioned for success. In a criminal proceeding in state court a defendant may face a jury trial or a bench trial. In the united states if a civil case makes it to trial then the matter will most likely be tried from the bench unless a party requests a jury.

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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.

Jury trial vs bench trial. You need advice on how to proceed. Reasons for a bench trial. A jury trial is almost like a bench trial but there s a critical difference. Why one might choose a bench trial a case decided by a judge without the assistance of a jury is often referred to as a bench trial in bench trials the judge takes on two roles.

Contact an experienced criminal defense attorney in houston. That of the referee who rules on the admissibility of evidence and decides questions of law and that of the finder of fact who ultimately determines how much weight to give the testimony of different witnesses. In any county where a defendant is accused of a particularly reviled type of crime such as a sex crime against a child the defendant might choose. The judge s role is limited to moderating the proceedings determining what evidence is admissible answering questions of law and instructing the jurors on what legal means to employ in their decision.

As you can see there are some advantages of a jury trial and advantages of a bench trial. One of the best reasons to choose a bench trial is having a complicated legal issue that a jury wouldn t understand. Thus as a legal practitioner it is essential to understand some of the nuances of a bench trial. What is a bench trial.

In other words the judge decides what evidence is allowed at trial and the jury decides whether or not you are guilty. In counties where jurors are perceived to have an anti immigrant bias an immigrant accused of a crime might choose a bench trial over a jury trial. Before deciding whether a bench trial or a jury trial is best for you consult with an experienced criminal defense attorney. In a jury trial the judge will determine any questions of law and the jury will decide all issues of fact.

Not only will your lawyer be able to make a decision based on the specific facts of your case but your lawyer will also be familiar with the prior decisions of your specific judge and the tendencies of the average juror in your county. The decision to choose a bench trial or jury trial can affect the outcome of your case sometimes in profound ways. So what is a bench trial hearing best for when it comes to different legal cases. Keep in mind that the choice between a jury trial and a bench trial is exactly the sort of strategic decision you re paying your lawyer to make.

A bench trial is a trial to the judge. The judge does not reach the verdict instead the job of acquitting or convicting lies in the jury s hands.