We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Procedures

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Bench Trial?

By Charity Delich
Updated: May 16, 2024
Views: 32,692
Share

A bench trial occurs when a court case is tried in front of a judge rather than in front of a panel of jury members. In a typical jury trial, the jury serves as the trier of fact while the judge reviews questions of law and procedure. In a bench trial, however, the judge serves as the trier of fact in addition to making procedural rulings and evaluating questions of law. As the fact finder in a bench trial, the judge usually listens to the evidence presented by each party and makes a ruling on the factual issues in the case.

Civil legal systems routinely use bench trials rather than jury trials. In most common law systems, on the other hand, both bench trials and jury trials are used. While bench trials can occur in both civil and criminal cases, they are more common in civil cases. For example, probate cases, divorce proceedings, and child custody matters are usually tried in front of a judge. Bench trials are also common in juvenile criminal cases.

In some jurisdictions, a civil lawsuit will automatically be resolved by a civil bench trial. In order to avoid this, one of the parties may be required to specifically ask the court to grant a jury trial. If a party asks for a jury trial, the party may be required to pay a nominal fee. In criminal cases, however, a defendant is usually required to expressly waive his or her right to a jury trial in order to have a bench trial. Bench trials are usually governed by the same evidentiary and procedural rules as jury trials.

Bench trials can prove advantageous in some cases. For example, a bench trial is usually less time-consuming than a jury trial because a multi-member jury does not need to be chosen, sequestered, or instructed on how to review the relevant evidence and law. Additionally, bench trials are often less formal in nature. For instance, a judge may admit evidence that would be kept out as unfairly prejudicial in a jury trial. Bench trials may also be beneficial in cases that hinge on complex legal issues that an average jury may not comprehend.

Depending on the case at hand, some disadvantages to a bench trial may exist. One of the chief drawbacks is that of having only one trier of fact – the judge. In a jury trial, which may consist of up to 12 different fact finders, a defendant may be more likely to sway at least one juror, resulting in a hung jury. In a criminal case, a hung jury may mean that the defendant goes free or receives a favorable plea bargain offer from a prosecutor.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
By anon341333 — On Jul 10, 2013

I have been charged criminally with threatening to shoot an out of control dog belonging to a resident in a park I manage. Now this little two bit town wants to proceed with a bench trial, Should I do it?

Share
https://www.mylawquestions.com/what-is-a-bench-trial.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.