What Is Bench Trial

What Is a Bench Trial. Legal Definition of bench trial.

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In a jury trial a jury made up of your peers makes the final decision in your case.

What is bench trial. In most states bench trials are for cases where there is a possible penalty of not more than six months of jail time. Unlike a jury trial in which you cannot be certain about the dynamics of the jury or the outcome of a trial a bench trial presents the parties with a unique ability to peek behind the curtain. A bench trial is often chosen by the defendant in cases presenting with complex facts or legal subtleties.

What is a bench trial. More often than not this image would be accurate. A bench trial is often faster to schedule and can begin without the delay of jury selection Damaging information.

The judge acts as the finder of fact. Oftentimes information about a defendant will be presented during a. A bench trial is an unusual form of a trial where there is not a jury present.

In a jury trial the jurors make determinations of fact with the judge presiding over the trial and ruling on questions of law. To avoid this. A bench trial occurs when a court case is tried in front of a judge rather than in front of a panel of jury members.

Copyright 2008 The Gale Group Inc. If youve ever gotten a speeding ticket and wanted to fight it you may have. The latest decisions rendered by a judge are a roadmap to your success.

In a bench trial the ultimate decision-maker is the judge. For example someone might be a member of a gang or group that is viewed negatively. Wests Encyclopedia of American Law edition 2.

In a bench trial a judge takes on the dual roles of arbiter and moderator dictating the allowability of evidence the conduct of the hearing and making a finding. Fair application of legal rules. In the Myrtle Beach area all summary court cases meaning all Municipal and all Magistrate court cases start out as Bench Trials.

A bench trial offers several possible benefits that a jury trial does not for example. Bench trials allow both parties to peek behind the. A judge may be a little more lenient with the rules of evidence.

Essentially you are handedfree of chargea substantive and procedural guide to build your case. There is significant opportunity to present arguments throughout the pretrial proceedings. A bench trial is also often referred to as a trial by judge.

A court case tried solely in front of a judge is referred to as a bench trial. These are rules that have been formally approved by a states legislative. A bench trial is a trial before a judge as opposed to a jury.

In a bench trial the judge makes the final decision in your case after hearing all the evidence. When a Bench Trial May be Used. In a typical jury trial the jury serves as the trier of fact while the judge reviews questions of law and procedure.

Some defendants have a history that makes them unsympathetic. Whats a bench trial. Generally the judge who proceeds over the trial is the same judge who was assigned to your case when it was filed.

You must be conscious about not narrowing the scope of your arguments too early because theres no going back. In that case the defendant might consider a bench trial. A Bench Trial is different because you do not have a jury deciding whether youre guilty or not guilty.

Under the sixth amendment of the United States Constitution every citizen is entitled to a trial by jury if he or she is accused of a crime. A trial conducted before a judge presiding without a jury. However in some trials the jury may be absent with only a judge left to determine the outcomethis is what is known as a bench trial.

Instead you have a judge that sits there hears the case and makes the decision. A trial in which there is no jury and the judge decides the case compare jury trial. Thus the defendants in simple assault cases for instance will get bench trials.

The judge is responsible for hearing the case ruling on motions and eventually rendering a verdict. In a bench trial the. What is a Bench Trial.

The defendant will enjoy the following benefits from the bench trial. A bench trial is usually a quicker way to complete a case because it can be scheduled sooner and does. This protection applies to any type of criminal case regardless of the severity of.

Faster conclusion of the case. If playback doesnt begin shortly try restarting your device. This means there is no jury to make a decision on the case and the judge will decide if youre guilty.

The judge of a bench trial is also provided with a stipulation of facts instead of the presentation of witness testimony and documentary evidence to determine the case facts. Videos you watch may be added to the TVs watch history and influence TV recommendations. The judge selected to handle the case when it was filed can take less time to schedule.

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