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What Is a Bench Trial? A bench trial is also often referred to as a trial by judge. This means there is no jury to decide on the case, and the judge will determine if you're guilty. Before you choose which is suitable for you, you should learn the advantages of trial by judge.
A bench trial is also often referred to as a trial by judge. This means there is no jury to decide on the case, and the judge will determine if you're guilty.
Bench trial - Trial without a jury in which a judge decides the facts.
Jury demand. (a) A plaintiff desirous of a trial by jury must file a demand therefor with the clerk at the time the action is commenced. A defendant desirous of a trial by jury must file a demand therefor not later than the filing of his or her answer. Otherwise, the party waives a jury.
jury trial is a criminal trial in which the judge acts as the jury. In a typical jury trial, the judge is there to make ruling on legal issues such as the admissibility of certain evidence and whether certain motions should be granted or denied.
The Case for a Bench Trial In other words, whenever your defense involves more technical aspects of the law, then a bench trial would be the way to go. Why? Judges are experts in criminal law. Judges know what the elements of a crime are, and they understand that the prosecution has the burden to prove each element.
In a jury trial, a panel of impartial individuals, known as the jury, is entrusted with the task of examining the evidence presented and reaching a verdict. On the other hand, in a non-jury trial, often referred to as a bench trial, the judge assumes the role of the sole decision-maker.