A bench trial is a trial conducted by the court without a jury. The judge, or a panel of judges, acts as the fact finder and makes the ruling on the case. A bench trial is often referred to as a non jury trial.

The Right to a Jury Trial

It's commonly believed that defendants are guaranteed the right to a trial by jury. However, this isn't always the case. The right to a jury trial doesn't extend to "petty offenses." Petty offenses are generally those that carry a maximum penalty of six months in jail and a maximum fine of $5,000. Keep in mind that the fine doesn't include restitution. If a defendant is subject to a large amount of restitution, this will not factor into whether the defendant is entitled to a jury trial. The other exception is that the right to a jury trial doesn't apply to juvenile proceedings.

Waiving the Right to a Jury Trial

Defendants are permitted to waive the right to a jury trial. When a defendant is entitled to a jury trial, the trial must be by jury unless:

  • The defendant waives a jury trial in writing
  • The defendant makes a voluntary, knowing and intelligent agreement to the waiver on the record
  • The government consents and
  • The court approves

The Court's Decision

The trial process will generally be the same in a bench trial as it is in a jury trial. The parties will present their cases, examine witnesses, introduce evidence and so forth. The difference is that the judge, or panel of judges, will be acting as the jury.

After both sides have presented their case in a bench trial, the court must make its finding. This means that the court must determine whether the defendant is guilty or not guilty. In addition to this general finding, any party may request the court to make specific findings of fact. There are many reasons to ask for specific findings of fact. One reason is to preserve issues for appeal. Another reason is to help the appeals court make a proper review of the verdict.

If specific findings are requested, they should be sufficiently clear to permit an understanding of how the trial court arrived at its decision. On appeal, specific findings will be reviewed under a clearly erroneous standard. This means that the trial court's decision will not be disturbed unless it is clearly erroneous.

Questions for Your Attorney

  • When would it be a good strategy to waive a trial by jury?
  • Have you ever participated in a bench trial in a criminal case?
  • What are the advantages and disadvantages of a bench trial?