Trial by judge or trial by jury

Most defendants who do not resolve their case through a plea bargain exercise this right. Louisiana and Oregon are the exception, allowing non-unanimous verdicts. Unanimous verdicts afford greater protection to the defendant and requires the prosecution to meet its burden of proof to the satisfaction of each and every juror.

Take the Cullen Davis , O. Simpson and Casey Anthony trials — all were acquitted by 12 jurors who had reasonable doubt of their guilt during hugely high profile cases of the time. Although the majority of defendants choose a jury trial, there are circumstances in which the accused wants to take his case before a judge.

Common reasons include expense, time and technical or legal issues. Because the judge is both the finder of fact and ruler on matters of law and procedure in this scenario, bench trials move quicker than jury trials and are often a faster path to resolution.

Not only is there no jury selection, but judges have years of courtroom experience so there is no need for a lesson on toxicology, DNA, or ballistics, for example. Of course, the less time it takes, the less expensive it will be for a defendant paying for a private attorney. A bench trial may also be a good option in cases with complex technical or legal issues that a jury may find difficult to understand.

Judges are attorneys and have full understanding of the law and how to apply the rules and standard of proof. Bench trials may also be an appropriate choice for defendants accused of heinous crimes or who have a shocking appearance or long criminal records.

Jurors are sometimes swayed by sympathy, anger or emotion and may find it hard to make a decision based on evidence and rules. There will always be uncertainty when a jury is involved. At a judge trial, also referred to as a bench trial, the judge makes all procedural and evidentiary decisions to determine whether the defendant is guilty or not guilty. This situation can either be beneficial or detrimental, depending on your case.

Consider the pros and cons before you make a decision:. Judges are unbiased. One reason for choosing a trial by judge over a jury trial is that judges are not biased and are significantly less inclined to let their emotions affect the outcome of a case. It is their responsibility to put their personal feelings aside and only look at the facts of the case. Judges have a full understanding of the law. Unlike most jurors, judges fully understand all technical terms that are used in the courtroom.

Judge trials are often quicker. Judges take significantly less time to reach a decision than juries. This is due to many reasons, but for one, the jury selection process is time-consuming.

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. Only the judge decides. Of course, whether or not this is a disadvantage depends on the details of the case.

The judge knows all the evidence. At a trial, the judge ultimately decides what evidence will be admitted. Jurors, however, may well be influenced by the improper evidence even if the judge tells them to disregard it.

Despite these arguments in favor of a judge trial, you may still conclude you want a trial by jury because you think the ordinary people on the jury will be more sympathetic to your case than a judge. But whether a judge or a jury trial is more likely to produce a favorable result is a complicated question -- one that many experienced lawyers readily acknowledge rarely has an easy answer.

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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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