Bench trial

A bench trial is a trial where there is no jury. A judge decides who wins or loses without a jury.^[1] Some law systems use bench trials for almost all cases (Roman, Islamic). Others use them for only some cases or only some kinds of cases. The rules for bench trials may be different in courts that hear accused criminals and courts that hear lawsuits.

In jury trials, it is the judge's job to say what is the law and the jury's job to find the facts. In a bench trial, the judge does both.^[2] In some bench trials, both sides already agree on what the facts are. For example, in civil disobedience cases designed to test the law, accused people often agree with the prosecuting lawyers about what happened. They only want the judge to say whether it really was illegal.

Bench trials are usually faster than jury trials because the court has to do fewer things. For example, there is no jury selection and no need to send the jury to live separately or give them special instructions. For example, if lawyers in a jury trial disagree about whether one piece of evidence should be shown to the jury, they must call for a sidebar and talk to the judge about it privately. In a bench trial, they do not have to keep anything secret from a jury. The judge can also make the trial start and stop when they want. The judge may decide to let the lawyers skip opening and closing statements.^[3]

Sometimes, people ask for a bench trial if the evidence is scientific or hard to understand.

A bench trial is almost the same as a jury trial in other ways. For example, the rules of evidence and methods of objection are the same in a bench trial as in a jury trial. Bench trials can be more informal than jury trials. It is often less necessary to protect the record with objections, and sometimes evidence is accepted de bene because it can be removed in the future.

When a jury makes a decision at the end of a trial, it is called a verdict. When a judge in a bench trial makes a decision at the end of a trial, it is called a finding.^[4]

1. ↑ Black, Henry Campbell (1990). Black's Law Dictionary, 6th ed. St. Paul, MN: West Publishing. pp. 156. ISBN 0-314-76271-X.
2. ↑ "Bench trial". Legal Information Institute. Cornell Law. Retrieved March 27, 2022.
3. ↑ "Bench Trials (Federal)". American Bar Association. Retrieved March 27, 2022.
4. ↑ "Should I Waive a Jury Trial and Instead Have a Bench Trial?". Greg Hill & Associates. Retrieved October 4, 2016.