What is a bench trial?

A bench trial, also known as a non-jury trial, is a trial in which a judge makes all the decisions, determining issues of fact and law, and ultimately rendering a verdict. This differs from a jury trial where a jury decides the facts and the judge rules on matters of law.

Decision Maker: In a bench trial, the judge acts as both the judge and the jury. They weigh the evidence, assess the credibility of witnesses, and apply the law to the facts presented.
When it's Used: A defendant may waive their right to a jury trial for various reasons. For instance, they might believe a judge will be more impartial or knowledgeable about complex legal or factual issues. Bench trials are common in cases involving intricate financial matters, specialized areas of law, or when publicity surrounding the case could prejudice a jury.
Process: The basic process is similar to a jury trial, involving opening statements, presentation of evidence (witness testimony, documents, etc.), closing arguments, and a final verdict.
Verdict and Judgement: After hearing the evidence and arguments, the judge will render a verdict. In a bench trial, the judge typically issues findings of fact and conclusions of law, explaining the basis for their decision. This is a more detailed explanation than a simple jury verdict.
Appeal: The standard for appealing a bench trial decision is often whether the judge's findings of fact are supported by the evidence and whether the judge correctly applied the law.
Considerations: Defendants might choose a bench trial if they believe a jury would be swayed by emotions or irrelevant factors, or if the case involves complex information that a judge with specialized knowledge is better equipped to understand. Cases that involve less public interest often take place through bench trials.

Important subjects:

a bench warrant