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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.
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.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Bench trial - Trial without a jury in which a judge decides the facts.
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.