You have the right to be tried by a jury of your peers. But you can also waive that right and proceed to a bench trial where the judge hears the evidence and renders a verdict. The direction you decide to take your case might depend on several factors, but let’s look at some of the advantages and disadvantages of a bench trial so that you’re better equipped to make the decision that’s right for you.
The advantages of a bench trial in a criminal case
There can be several benefits to a bench trial. This includes:
- Eliminating the bias and emotionality that often impacts a jury’s decision.
- Getting through your case more quickly since you don’t have to deal with jury selection.
- Obtaining a more predictable outcome from the judge hearing your case.
- Reducing the costs of trying your case.
- Having your case heard by someone who truly knows and understands the law and how it should be applied to your set of circumstances.
- Having one individual make sense of the complexities of your case.
The disadvantages of a bench trial
There are, of course, some disadvantages to a bench trial that you’ll want to consider before deciding on what type of trial you want. This includes:
- Taking away the ability to have your case reviewed by your peers.
- Reducing the time and ability with which you have to argue your case.
- Minimizing your ability to play to the emotional aspects of your case.
- Forcing yourself to convince the judge, rather than one person out of many on the jury, that there’s reasonable doubt as to your guilt.
Which type of trial is right for you?
Only you can answer that question. However, you need to thoroughly think through your options, as your choice of trial type could make a difference in the outcome of your case. So, carefully think through the risks and rewards of each so that you can choose the criminal defense route that best positions you for success.