Under the Sixth Amendment, every U.S. citizen accused of a crime has the right to a trial by a jury of their peers. But just because you have the right to a jury trial doesn’t always mean it’s the best option. In some cases, having a judge decide your case may be more beneficial.
Understanding the differences between a bench trial and a jury trial can help you make an informed decision.
Bench Trial (Judge Decides the Case)
A trial decided by a judge rather than a jury is known as a bench trial. If your case involves complex legal issues, a judge—who is trained to understand and apply the law—may be better equipped to evaluate those complexities.
Bench trials are generally faster because there is no jury selection, jury instructions, or extended courtroom procedures. This can be helpful if you are representing yourself, as judges are often more lenient with procedural mistakes and focus more on the facts of the case.
Judges also tend to be more predictable than juries. However, some judges may have known biases in certain types of cases. An attorney familiar with the judge’s history may be able to advise whether those tendencies could affect your case.
Even in a bench trial, the prosecution must still prove guilt beyond a reasonable doubt—the judge simply determines whether that burden has been met.
Jury Trial (Jury Decides the Case)
A jury trial typically includes twelve jurors and several alternates. If your case involves emotional elements or personal circumstances, a jury may be more sympathetic. Jurors may relate to your situation or consider the human side of the case more heavily than a judge would.
Jury trials tend to be longer and more complex. They involve jury selection, opening and closing statements, and strict adherence to courtroom procedures. Depending on the case, this added structure may help or hurt your defense.
Jury instructions also create potential grounds for appeal. If the instructions given to jurors are improper, an appellate court may find reversible error.
Important Considerations
Not all cases qualify for a jury trial. Charges that carry a potential jail sentence of six months or less or a fine under $5,000 often do not include the right to a jury trial.
If you are entitled to a jury trial, you must proceed with one unless:
You waive the right in writing
The government agrees
The court approves the waiver
If you choose to represent yourself, a bench trial may be the better option. Judges are generally more understanding of self-represented defendants, while juries may view procedural missteps negatively.
Self-representation almost always puts a defendant at a disadvantage, especially without a full understanding of the law. Even if you plan to represent yourself, consulting an attorney before choosing between a bench trial and a jury trial is strongly recommended.
Making the Right Choice
The decision to request a jury trial or proceed with a bench trial depends on the facts of your case, the charges involved, and your legal strategy. An attorney can explain how each option applies to your specific situation and help you determine which choice is most likely to benefit you.