Bench Trial or Jury Trial?
Deciding to do a Bench Trial or a Jury Trial – What should I do?
A “trial” can mean a trial by jury or a trial by judge. When you hear the term “bench trial” in court that just means that the judge, and not a jury, will sit as the fact-finder, hear the evidence, and make a determination. In a criminal case, the jury must be twelve (12) people with two (2) alternates. The alternates must sit through the entire case and are not told they are alternates until the end of the case (so as to encourage the alternates to pay attention to the witnesses and the evidence). These twelve (12) jurors then must reach a verdict beyond a reasonable doubt.
In a civil case, the jury can be comprised of twelve (12) members, or the parties can agree to have fewer jury members. In Chester County, for example, the jury is comprised of six (6) people unless one of the parties specifically requests a trial by twelve. The strategic difference in six as opposed to twelve is an important consideration, but in my opinion a strong case can be presented just as well to six people as it can to twelve. Six-member juries also make decisions far faster than twelve, but the difference is minimal.
The jury process can be time consuming and tiring. First, both parties are given a packet of juror information by the court clerks. Both counsel for the defendant and plaintiff/prosecutor, then look though the packet (often the morning of jury selection), and try to pick up on any red flags they see or jurors they don’t really want to sit as fact finders. In criminal cases, the prosecution is forbidden from eliminating prospective jurors based solely on race. There are some other nuances, for instance, if the panel or the jury pool isn’t diverse enough, the defendant in a criminal case may attempt to lodge a Batson challenge, which may or may not be successful depending on the judge – the solution, in this case, would be to get a new jury panel.
After jury selection, which can last all morning if not an entire day, the judge reads jury instructions to the jury and provides them with preliminary accommodations. Shuffling the jury in and out of the courtroom can be very time consuming, though the court has staff that can help manage the jury. For example, the jury is not permitted to be in the room for substantive arguments regarding motions or when the judge is deciding whether to admit/not admit evidence.
Generally, bench trials are much faster than jury trials, for multiple reasons. In a bench trial there is no jury process. A lot of formalities are not applicable and, in my experience, the rules of evidence are more relaxed than in a traditional jury trial. Judges are also more inclined to “step in” and ask questions of witnesses, though they have that ability in jury trials as well. If the judge is conducting a bench trial and has previously heard prejudicial evidence, either party may request the judge to reassign the case to a different judge for determination. The judge may likewise determine that he/she can still be fair and impartial despite hearing the prejudicial evidence.
There are strategic reasons for going for a jury as opposed to a bench trial. Juries are generally better when the defendant has a long criminal history and the juries would generally not be privy to that information during a trial. Juries are also better when nuances in the law exceed the bounds of common sense. Judges are frequently intelligent, but bound by codes of ethics, and if they feel the evidence is sufficient (beyond a reasonable doubt) to convict, they often will despite more emotional pleas for leniency. Juries are also more susceptible to emotional arguments – that even if the evidence matches the crime, they may just feel bad for a defendant and acquit. Additionally, a jury must be unanimous whereas a bench trial is just the opinion of one judge. In difficult criminal cases, experienced defense attorneys will opt for a jury because the burden on the Commonwealth is far greater than with a bench trial.
A bench trial can also have strategic advantages. First, as stated, a bench trial is faster than a jury trial and the matter can be concluded much more quickly. Second, although not technically allowed, judges are generally more lenient on criminal defendants when they participated in their trial with a bench trial as opposed to a jury. Third, bench trials may be better when there are technicalities or important developments in the law that would be extremely difficult or complex to explain to twelve jurors. Likewise, in complex contract cases with multiple experts and analysis, there is an inclination to do a trial by judge to spare the members of the public from a long and boring adventure into legal textbooks.
When choosing a bench trial or a jury trial, consult your attorney for best advice.
