What Is the Difference Between a Bench Trial and a Jury Trial?

You may be involved in litigation and have the choice between a bench trial with a judge and a jury trial. Or maybe you’ve been curious why some cases are decided by a judge alone, while others are decided by a jury.

Both bench trials and jury trials offer benefits depending on your case’s subject matter and other factors. When you have a choice, the decision affects how you plan your trial strategy and prepare for trial. In either case, deciding whether a jury of peers or a single judge is right for your matter comes down to the facts of your case and how the law applies.

To evaluate the best trial strategy for your case, speak with an experienced general litigation attorney in your area who can build a strong legal defense or case presentation based on the facts.

What Is a Jury Trial?

When most people think of trials, a jury trial is what often comes to mind. These types of trials are often portrayed in movies and on television. In a jury trial, members of the public selected for the jury hear both sides of the case and vote on the outcome.

A jury can bring valuable perspective, but it can also introduce greater unpredictability, especially in cases involving emotional facts or complex evidence.

In criminal law, jurors must be convinced of guilt beyond a reasonable doubt, which is the highest burden of proof in the legal system. Jurors must reach a unanimous verdict in a federal criminal trial. The U.S. Supreme Court recently extended this requirement to all states in serious criminal cases.

For federal civil trials, the jury must also vote unanimously, but states are split on the issue. Most states allow majority decisions rather than requiring unanimity. When jurors cannot reach the required verdict, the trial ends in a hung jury, and the civil case returns to its pretrial position.

What Is a Bench Trial?

With a bench trial, the judge is the decision-maker at all stages of the proceeding. While a judge plays a role in a jury trial, such as ensuring that evidence is properly presented and accepting or rejecting the jury’s findings, the judge typically serves more as a referee.

However, in a bench trial, the arguments, witnesses, and evidence are all presented directly to the judge. In bench trials, the judge is often assumed to be better equipped to:

• Focus on the facts, rather than the history or reputation of a party to the case
• Observe gruesome or violent facts without emotional upset
• Discount negative news coverage that may accompany a trial

Since the decision to waive a jury trial is typically made after a judge is assigned to a case, the parties can evaluate the decision regarding the type of trial, knowing the judge involved. Often, the judge has a record you can review in certain types of cases, such as general litigation, to determine whether it would benefit one side or the other.

Key Differences Between Bench and Jury Trials Based on the Fact-Finder

While the fact finder itself is the key difference between a bench trial and a jury trial, there are a few other distinctions that follow from that decision.

• Length and pace. Jury trials usually take longer than bench trials. During a bench trial, the parties avoid steps relating to the jury process. As a result, most bench trials tend to move more efficiently.
• How evidence is handled. The rules of evidence are applied more strictly to protect jurors from information that could sway them. A judge in a bench trial is more likely to consider evidence that would have been kept from a jury. The thinking is that the judge is trained and better equipped to weigh the material more objectively.
• Style of argument. When a jury is involved, much of the preparation involves making sure the argument tells a clear, compelling story from opening statements through closing arguments. Emotional appeal often plays a significant role in the case. On the other hand, in a bench trial, the audience is a single legal expert. Arguments tend to focus more on points of law and precedent than on emotional persuasion.
• Witness experience. In a jury trial, a witness’s demeanor and ability to communicate with everyday people can often carry the day. In bench trials, witnesses must respond to questions from the judge. They may probe deeper than would be the case in a jury trial.

Does the Choice Between Bench and Jury Trial Really Matter?

Choosing the type of trial for your legal matter (when you have the choice) comes down to whether your case should be heard by a judge trained in the law or by a group of jurors who likely have no formal legal background.

The question of who is best suited to determine the outcome of the case and, when applicable, award damages is of critical importance in any case. In some matters, a jury may be more likely to reflect community standards and shared views about fairness, credibility, and accountability. In other cases, you may prefer a bench trial.

Which Type of Trial Is More Common?

Trials of any kind are rare in the American legal system. The overwhelming majority of criminal defendants plead guilty or have cases dismissed. For criminal cases, there is a strong preference for a jury trial.

On the other hand, civil matters lean the other way. The vast majority of civil cases are bench trials, in part because the subject matter in certain cases can be difficult to explain to a jury.

Preparing for a Jury Trial

Trial preparation varies based on whether the case is a jury trial or a bench trial.

With a jury trial, witnesses must be prepared to make a good showing before the jury. Witness demeanor and communication are key to convincing jurors to believe your side of the case. The witnesses must present the appropriate level of emotional affect and answer questions factually and succinctly.

Expert witnesses must be able to communicate clearly with laypersons. Sympathetic plaintiffs are more likely to win over a jury than plaintiffs who are untrained and make a bad impression, even if the facts are on their side. The parties can hire professionals known as jury consultants who can help with witness preparation.

Preparing for Bench Trial

Providing testimony during a bench trial can be more straightforward. The witness should expect questions from the judge and may explore aspects of the case in greater depth than would be allowed during a jury trial.

In both types of trials, the witnesses must be well prepared on all aspects of the case. However, it is less about the theatrics and more about knowing the facts of that case that will allow the judge to render a decision.

In addition to differences in witness preparation, the presentation of evidence during trial is also distinct. Judges at bench trials more readily allow into evidence that would be excluded at jury trials. This can include:

• Deposition testimony
• Hearsay
• Evidence in writing
• Expertise without an adequate foundation provided
• Evidence that could be perceived as unfairly prejudicial or inflammatory

Additionally, the level of detail for aspects such as slides, graphics, and other presentation components will vary depending on whether the fact finder is a judge or a jury. There may be more reliance on emotional impact if the fact finder is the jury, versus more information on points of law and technical information if the fact finder is a judge.

Frequently Asked Questions About Bench vs. Jury Trials

Who Decides Whether a Case Is a Bench Trial or a Jury Trial?

In many cases, a party has a right to a jury trial, but that right can often be waived, resulting in a bench trial instead. Defendants in criminal cases may waive a jury trial, though the judge, and often the prosecution, must also consent, depending on the jurisdiction.

In civil cases, a jury trial is available only for certain types of claims, and the rules vary by jurisdiction. In many civil cases, the right to a jury trial is waived unless a party makes a timely request, so the case proceeds as a bench trial.

Is a Bench Trial Faster Than a Jury Trial?

In most cases, a bench trial is faster than a jury trial. With a bench trial, certain steps of the trial process that require additional time are eliminated, such as:

• Jury selection (voir dire)
• Preparation of jury instructions
• The jury deliberation process

Trial processes related to the jury trial can be time-consuming and add additional expense to the case. It often requires the jury to come together to reach a verdict. Deliberation often takes longer because jury members have little experience with legal procedures, and some elements of the trial cannot be presented to the jury.

Do You Have the Right to a Jury Trial in All Cases?

No. The constitutional right to a jury trial generally applies to more serious criminal offenses and some civil cases. Minor criminal cases, juvenile proceedings, and small claims matters generally proceed as bench trials. In such cases, there is no right to a jury trial.

Why Are Jury Trials More Common in Criminal Cases Than in Civil Cases?

When criminal charges are involved, defendants often prefer the perceived protections afforded by a jury. However, many civil disputes involve complicated and technical matters that are easier for a judge to understand. This makes the trial presentation easier to prepare when the fact finder is the judge.

Rather than spending a lot of time ensuring the jury understands the technical aspects of the case, many believe a judge, given the judge’s education, experience, and obligations to the court, can better comprehend certain matters and render a verdict.

Get Legal Help for Your Case

The type of case and the factual and legal issues involved determine which type of trial you should select if you have a choice. It will affect how you prepare for the case, present the evidence, and assess your odds of securing a favorable verdict. There are many considerations involved that are best addressed by an experienced general litigation attorney in your area. Get help today.