Bench Trial Vs Jury Trial

All of this adds up to time and potentially money saved especially in complex cases. A bench trial before a judge is often the only option.

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So trials for many petty crimes misdemeanors and infractions may not be assigned to a jury.

Bench trial vs jury trial. Many people dont realize that if youve been charged with a crime and go to trial you have a choice between a jury trial and whats called a bench trialWhile a trial by jury is commonly known and is what people typically see in movies and on television a bench trial may sometimes be more beneficial if you are a defendant in a criminal case. A jury is made up of people from the community or jurisdiction of the court. In a bench trial none of that is necessary.

They may also be less complex than a jury trial. The absence of the jury. A Jury TrialWhat Is The Difference Which One To Pick.

No jury also means theres no need to sequester the jury and no jury deliberation. Fewer appeals are found in a bench trail because the judge is skilled in procedural law which helps save money and time. Finally the lawyers can stipulate to certain facts during a bench trial.

So how are these two legal processes different. There are specific advantages to having your case heard in a bench trial instead of a jury trial. A bench trial generally proceeds more quickly than a jury trial because there is no jury selection phase.

In a jury trial your lawyer may want to the jury to introduce your testimony from your witnesses or cross-examine the prosecution 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 to have 1. A Bench Trial Vs.

The jury will make the decision on conviction and may determine the penalty if they find the defendant guilty of. In a nutshell a bench trial is a legal court process presided upon by a jury of your peers whereas a judge steers a bench trial. A trial is a structured process where the facts of a case are presented to a jury and they decide if the defendant is guilty or not guilty of the charge offered according to the US Department of Justice.

According to a study conducted by the US Bureau of Justice Statistics plaintiffs win more bench trials than jury trials. This means they are sometimes preferred by parties who need a speedy resolution to a legal issue. Sometimes both sides are allowed to have discussions and even reach agreements on the cases specific facts within the trial itself.

If playback doesnt begin. Bench trials may also be an excellent option for largely unliked parties such as homeowners associations insurance companies or unpopular political organizations. Some litigators and parties might prefer bench trials if they have a particularly complicated case that they believe may confuse a jury.

Bench trials tend to have outcomes more favorable to defendants thus defense attorneys particularly in insurance. A jury trial is where a jury hears the case and a bench trial is where a judge hears the case. Bench trials tend to be less formal than jury trials which can go a long way toward bolstering morale given that trials are so stressful to begin with.

Benefits of the Bench A defendant may opt for a bench trial if he or she believes the case will turn on technical legal concepts only a. However this definition only applies to jury trials not bench trials. This means that the judge will make the determinations of fact and deal with the legal issues present.

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. Jury trials lasted 2 days longer than bench trials on average The average damages awarded were similar for bench trials and jury trials. A Bench Trial Vs.

With a bench trial there is no jury present. One of the benefits of bench trials is that they tend to take less time than jury trials. In addition a bench trial may be less formal.

Heshe hears and analyzes the evidence provided before them. Depending on the offense committed the defendant can either face a jury or a bench trial. However even in civil cases there is also a constitutional right to a jury so both parties must consent to have a bench trial instead of a trial by jury.

A Jury TrialWhat Is The Difference Which One To Pick. A bench trial happens before a judge. Bench trials are often less time-consuming.

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