A bench trial is an administrative trial by a judge rather than a criminal trial. The word “trial” refers to any administrative proceeding, involving an aspect of law, other than a criminal trial, in which the plaintiff and the defendant are represented by a lawyer. Most criminal legal systems use a jury trial in which the defendant and the plaintiff are both represented by a lawyer. Some administrative trials, however, may be conducted by judges without a jury, for specific types of criminal cases, such as traffic citations. The U.S. Sentencing Guidelines call for administrative trials to be speedy, just as trials on Capitol Hill.
An “arbitration process” is used – when criminal charges are contested by the defense and there isn’t enough evidence to go to trial. The Federal sentencing guidelines require that if there is not enough evidence to go to trial then an arbitration process may be used instead. Arbitration is a court proceeding in which the defendant and the prosecution agree to submit their case to an arbitrator. If the arbitrator rules in the defendant’s favor then the prosecution is obligated to drop the charges against the defendant. If, for example, a drug conviction is contested then the prosecution may choose to negotiate with the defense about the severity of the charges rather than going to trial.
Unlike a trial, in which defendants are usually present – bench trials usually occur out of court. This means that defendants and their lawyers do not have to testify, provide expert testimony, or take the stand in defense. The accused only has to produce documents, call witnesses, or otherwise cooperate with the government. Defense lawyers may call their own witnesses, but they are not required to do so unless their clients object.
Unlike a jury trial or other types of proceedings – there is no need for a report or verdict. A defendant does not have to be happy with the result; however, he or she usually must sign a consent form indicating that he or she agrees with the outcome. Some defendants choose to skip a bench trial in exchange for a more flexible plea bargain. For example, some criminal defendants who are eligible for a sentence of probation do agree to accept a sentence through the use of a structured plea bargain.
A bench trial may be shorter – than a full jury trial because there is not necessarily a panel of three judges. Sometimes defendants choose to plead guilty before a single judge. In a bench trial, the defendant and his or her criminal defense lawyer may select the judges assigned to the case.
A bench trial differs from a criminal trial in many ways – including the likelihood of a favorable jury verdict, the amount of time needed to complete the case, and the potential prejudice caused by the presence of a single judge. A defendant does not have the option of selecting his or her own judge. A judge must be chosen by the jury, which is always composed of people of the same gender, ethnicity, religious beliefs, and political affiliation. The presence of one judge allows the jury to ignore legal issues and focus on the physical facts of the case.
A deadlock is usually not an issue in most civil cases; therefore, a deadlocked jury may not be as distracting as a majority vote could be.
