Most people think of a trial as happening in front of a jury of their peers. Defendants can instead opt for a bench trial, where the judge fulfills the role of the jury. Each type of trial comes with advantages and disadvantages that you should discuss with your lawyer.
In a jury trial, the jury acts as the factfinder, also called the trier of fact. They are in charge of weighing the evidence and rendering a verdict. In a bench trial, there is no jury, and the judge presides over the courtroom while also serving as the factfinder. Defendants sometimes opt for a bench trial because their case is highly emotional, and a judge may be more likely to rule based on the law than on emotion. Still, others want a trial by a jury of their peers.
Ask for a free, private legal review when you call our Philadelphia, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500.
How Bench Trials and Jury Trials Differ in Pennsylvania
Criminal defendants may have the opportunity to waive their right to a jury trial and opt for a bench trial instead. This may be a key part of your legal strategy, and you should weigh the pros and cons of each option with an experienced attorney.
The Trier of Fact
The primary difference between a jury trial and a bench trial is the trier of fact. The trier of fact, also called the factfinder, is the person or group tasked with hearing the facts, weighing the evidence, and rendering a final verdict.
In a jury trial, the jury acts as the trier of fact. Most people probably know this from watching TV and movies. In a bench trial, there is no jury. Instead, the judge acts as the trier of fact and decides the final verdict.
Courtroom Procedure
While courtroom procedure is largely uniform, which helps ensure that all defendants are treated equally and fairly, procedures may differ between bench and jury trials.
In a jury trial, a jury must be selected. This usually means that numerous prospective jurors must be called in, briefly interviewed, and either selected for jury duty or passed over. Selecting a jury can be time-consuming in some cases. In a bench trial, there is no need for a jury selection process because there is no jury.
Without a jury, courtroom procedure tends to be slightly more relaxed and often moves a bit faster.
Verdict Requirements
Another major difference is how a verdict is rendered.
In a jury trial, there are 12 jurors who must render a verdict, and they must make the final decision unanimously. If even one juror disagrees with the others, deliberations could drag on for days or even weeks.
In a bench trial, the judge renders the final verdict. Since there are no other factfinders, the judge makes the decision alone, and verdicts may be rendered a bit faster.
How Do I Know if a Bench or Jury Trial is Right for My Case?
Most criminal trials have jury trials unless the defendant says otherwise. Before making such a decision, you should discuss with your attorney which option is the most advantageous to your case.
Emotional vs. Legal Emphasis
Some criminal cases are highly emotionally charged. For example, cases involving homicides, sexual assaults, or crimes against children tend to evoke an intense emotional response from jurors. Unfortunately, jurors sometimes make decisions with their hearts instead of their heads. Even if our West Chester, PA criminal defense lawyers have strong evidence that undermines the charges, a jury might still return a guilty verdict if the case is too emotionally compelling.
In such cases, it may be best to opt for a bench trial. A judge is more knowledgeable in the law and is less likely to make emotional decisions. This may make a fair outcome more likely.
Case Complexity
Some cases are not emotionally charged, but the facts and the law surrounding the case may be extremely complicated. This is not uncommon, as the law is known for being complicated, but some cases are difficult even for seasoned attorneys to wrap their minds around.
If this sounds like your case, a bench trial might be the right way to go. Jurors are ordinary people from the community who often have no legal background. They might be unable to apply complicated laws to complex facts in a way that ensures a fair verdict. The judge, on the other hand, should be a trained legal professional who can handle the complexities of your case.
Time, Effort, and Resources
Again, bench trials sometimes move faster than jury trials because there are fewer procedures to navigate and no one has to worry about saying the wrong thing in front of the jurors. As such, defendants who would rather spend a bit less time, effort, and financial resources on a trial may find a bench trial more suitable.
FAQs About Bench and Jury Trials in Pennsylvania
What is the Main Difference Between a Jury and Bench Trial?
The main difference between a jury and a bench trial is the factfinder. In a jury trial, a panel of 12 jurors acts as the factfinder and renders the final verdict. In a bench trial, this job belongs to the judge.
Which is Better, a Jury or Bench Trial?
One option is not necessarily better than the other. However, there may be certain advantages and disadvantages to consider. For example, if your case is highly emotionally charged, you may want to opt for a bench trial and let the judge make a more level-headed decision. If you believe a jury of your peers may be more sympathetic to your plight than a judge, then a jury trial may be the way to go.
How Do You Know if a Bench or Jury Trial is Right for Your Case?
Each case is unique, and the only way to know if a bench trial or a jury trial is right for your case is to talk to your lawyer. They can review the facts, evidence, and any media attention your case might have received to determine if a jury is best or if a judge is more likely to make a more favorable decision.
Can Prosecutors Stop You from Choosing a Bench Trial?
Yes. While a defendant may have a significant interest in choosing a bench trial or a jury trial, so does the prosecution. According to the Pennsylvania Rules of Criminal Procedure, a defendant may opt for a bench trial only with the consent of the prosecutor in charge of their case.
Can You Change Your Mind About a Bench or Jury Trial if the Trial Has Already Started?
A defendant may waive their right to a jury trial after the trial begins only with approval from the prosecutor and the court. This sometimes happens when jurors must be removed from the case, and there are no longer enough jurors as required by law. A defendant can waive their right to a jury trial, and the case can proceed.
However, once a bench trial begins, it is far more difficult to change your mind after the trial begins and it is highly unlikely.
Ask Our Pennsylvania Criminal Defense Lawyers for Help Today
Ask for a free, private legal review when you call our Lancaster, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500.
