If your criminal case is headed for trial, one of the key decisions you may have to make is whether to have a jury trial or a bench trial. This decision usually happens during the pre-trial phase, before the actual trial begins.
The choice between a jury or bench trial isn’t just a formality; it can affect how your case is viewed and ultimately decided. As such, it helps to make an informed decision.
The pros and cons
A jury trial puts your fate in the hands of a group of ordinary citizens. This can bring different perspectives and life experiences to your case. Sometimes, jurors can be more sympathetic, especially if your story appeals to their sense of fairness or common sense.
However, juries can also be unpredictable. Emotions, biases or misunderstandings of the law may influence their decision. Some jurors may also be less familiar with legal nuances, and complex cases can confuse them. Additionally, jury selection can be a lengthy process.
In a bench trial, a judge alone listens to the evidence and makes the verdict. Their training and experience mean they’re skilled at focusing on the facts and applying the law correctly. It can be an advantage if your case involves complex legal questions or technical arguments.
On the flip side, a judge is just one person. That means your fate rests entirely on their judgment. Judges are also less likely to be influenced by emotional or personal stories, unlike jurors.
The particulars of your case matter
There’s no clear ‘better’ choice between a jury trial and a bench trial. Your decision should consider the facts of your case, the nature of the charges and your defense strategy. Reaching out for qualified legal guidance early on can help you weigh these factors carefully and make the right call.