Bench Trial or Jury Trial: Pros & Cons
- Jury Trial. You most commonly hear of defendants requesting jury trials. …
- Bench Trial. A bench trial is much different. …
- Quick Resolution. Bench trials are often resolved quicker than jury trials. …
- Judges Are Less Emotional. …
- Judges Know the Law. …
- Several Opinions. …
- Juries Are More Sympathetic.
Secondly, Why are judge only trials better? Benefits of a judge-alone trial? A trial by judge alone can be beneficial in certain circumstances. When a judge delivers their verdict, they must give reasons for their decision. Being informed of the reasons why a judge decided on a guilty verdict makes the process more transparent.
What are the disadvantages of a bench trial?
Disadvantages to a Bench Trial
- One person decides. At a bench trial, the prosecutor has to convince only one person of a defendant’s guilt, while at a jury trial, the burden increases to convincing all 12 jurors. …
- The judge knows all the evidence. …
- The judge will follow the rules. …
- Pressure to convict.
Similarly, Is a bench or jury trial better? Generally speaking, a bench trial is advantageous really in only a small percentage of trials. A jury trial is usually heavily favored by most defendants because it allows twelve persons, rather than one, to determine witness credibility and, in some cases, unreasonable conduct by police.
Can a judge overrule a jury?
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
Is it better to have a trial by jury? Juries tend to be easier audiences than judges.
Jurors tend to be less concerned with technical details and more so with listening to a compelling story and making a decision based on who they believe should win under the circumstances. Meanwhile, judges analyze all the facts, evidence, and details of the case.
Do judges determine guilt? Courts and Legal Procedure
The jury decides whether a defendant is “guilty” or “not guilty” in criminal cases, and “liable” or “not liable” in civil cases. When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury.
Is it better to choose judge or jury? Lawyer folk wisdom often points to choosing a jury if a case has emotional appeal, and choosing a judge if a case is complex and based on technical legal questions. Of course, you may end up with a jury trial even if you prefer a judge trial because your adversary may have an independent right to request a jury trial.
What are the pros of a bench trial?
What Are the Advantages of a Bench Trial? This type of trial tends to go faster than a jury trial, since there’s no need to take the time for jury selection. Also, bench trials often have a less formal feel, making them less intimidating than jury trials.
What is the first court to hear a case? The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case.
Does a judge decide guilt?
Guilty means the defendant admits he or she committed the crime. The judge finds the defendant guilty and enters a conviction in the court record.
What are the advantages of a bench trial? The main factor in choosing a bench trial over a jury trial is that you and your lawyer think a judge is more likely to find you not guilty than a jury. Some of the thinking behind choosing a judge over a jury are: The judge’s opinions on certain issues are on record, which may prove favorable to you.
Is it better to be tried by judge or jury?
Judge trials are often quicker.
In addition, jurors require lengthy explanations on various courtroom topics, such as ballistics, toxicology, and law terms in general. As a result, judge trials take less time and can therefore be less expensive if you are paying for a private attorney.
Does the judge have the final say?
In most jurisdictions the jury determines what crimes the defendant is guilty of, but has no say in the sentence at all. Yes, if the judge feels the sentence is inconsistent with the evidence, he or she can alter it up or down, but won’t exercise this right if it is within the sentencing guidelines for the offense.
How many times can a mistrial be retried? As a result, the case can be retried as if the first trial had never occurred. This can theoretically continue indefinitely, though as others have said, typically one side (the prosecutor, in a criminal matter) gives up if the second trial also results in a mistrial.
What is JNOV in law? A motion for a judgment notwithstanding the verdict is often filed together with a motion for a new trial by the losing party in response to the jury’s verdict. A judge’s decision to grant or deny a motion for JNOV is often reviewable on appeal.
Who decides bench or jury trial?
It is the jury, not the judge, who decide upon a verdict and no jury can be told that they must find a defendant guilty. Juries pool their common sense and arrive at a verdict having listened to all of the evidence.
What are the benefits of a bench trial? The main factor in choosing a bench trial over a jury trial is that you and your lawyer think a judge is more likely to find you not guilty than a jury. Some of the thinking behind choosing a judge over a jury are: The judge’s opinions on certain issues are on record, which may prove favorable to you.
Can a judge ignore the jury?
In literal terms, the judge enters a judgment notwithstanding the jury verdict. The rarely-granted intervention permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions. A judge may not enter a JNOV of “guilty” following a jury acquittal in United States criminal cases.
What’s the point of a judge if there is a jury? The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case based on what is presented to them during the proceedings.
How do you get out of jury duty?
Common Effective Jury Duty Excuses
- Extreme Financial Hardship. …
- Full-Time Student Status. …
- Surgery/Medical Reasons. …
- Being Elderly. …
- Being Too Opinionated. …
- Mental/Emotional Instability. …
- Relation to the Case/Conflict of Interest. …
- Line of Work.
Can a jury make inferences to arrive at a verdict? While you should consider only the evidence, you are permitted to draw such reasonable inferences from the testimony and exhibits as you feel are justified in the light of common experience.
Don’t forget to share this post !