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Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law.
Bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.
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 judge may also be less emotionally swayed by certain evidence than would a jury. A bench trial is also faster and the judge often returns a ?finding? (the functional equivalent of a verdict) much quicker than in a jury trial.
(a) Except as otherwise provided in this rule, the trial of an action by a judge sitting without a jury shall be conducted as nearly as may be as a trial by jury is conducted and the parties shall have like rights and privileges, including the right to move for nonsuit.
With a non-jury trial, the Judge replaces the jury and makes a decision about whether or not to find you guilty or not-guilty. Non-jury trials typically resolve more quickly than jury trials.
Why Would You Choose a Judge Over a Jury? Many defendants choose a bench trial (a trial with a judge and no jury) because they believe their case rests on legal technicalities which a jury is likely to misconstrue or gloss over.
One of the best reasons to choose a bench trial is having a complicated legal issue that a jury wouldn't understand. Another reason for this option is trying to keep the trial short and legal costs low. Additionally, municipal courts only offer bench trials, not jury trials, so you might not always have a choice.