Jury Trial Vs 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. What is a bench trial. The decision to choose a bench trial or jury trial can affect the outcome of your case sometimes in profound ways.

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What Is The Difference Between A Bench Trial And A Jury Trial

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.

Jury trial vs bench trial. A judge in a bench trial plays two roles. However a bench trial could not be the idea way to protect yourself an individual can almost always choose a jury trial instead of a bench trial. The case is represented in front of a judge who is solely in charge of announcing the verdict. Although jury trials receive more attention than bench trials it is important that bench trials are not overlooked.

One of the best reasons to choose a bench trial is having a complicated legal issue that a jury wouldn t understand. A jury trial is almost like a bench trial but there s a critical difference. 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. Juries tend to be more sympathetic to injured plaintiffs than judges.

Choosing between a jury trial and a bench trial is a strategic decision that depends on the specific facts of your case. In a bench trial a case is decided by a judge without a jury. Reasons for a bench trial. The jury trial in the majority of cases an individual has the right to a jury trial if they so choose and if they preserve that right with the proper paperwork being filed.

What is a bench trial. With that in mind here are 2 general beliefs that most civil attorneys share. 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 judge is typically a person who is highly educated in the field of law and has been practicing law for a considerable amount of time.

As you can see there are some advantages of a jury trial and advantages of a bench trial. 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. Contact an experienced criminal defense attorney in houston. The mechanics of a bench trial are quite simple and straightforward.

So what is a bench trial hearing best for when it comes to different legal cases. The finder of fact who determines the credibility of the evidence and the legal expert that rules on all legal issues. Before deciding whether a bench trial or a jury trial is best for you consult with an experienced criminal defense attorney. You need advice on how to proceed.

Some types of civil cases can only be decided by a judge. In a criminal proceeding in state court a defendant may face a jury trial or a bench trial. The judge does not reach the verdict instead the job of acquitting or convicting lies in the jury s hands.