Bench trial
Encyclopedia
A bench trial is a trial
held before a judge
sitting without a jury
. The term is chiefly used in common law
jurisdictions to describe exceptions from jury trial
, as most other legal systems (Roman
, Islamic
and socialist
) do not use juries to any great extent.
do not feature a jury and are heard by a judge sitting alone. The Crown Court
is the only court to use juries as a matter of course. Criminal trials for indictable offence
s are almost always conducted at the Crown Court with a jury in session, as are less serious triable either way
offences if the magistrates or defendant decide upon a Crown Court trial.
and Canada
, the British Overseas Territories of the Falkland Islands
and St. Helena, and the Netherlands
.
trials are bench trials unless a party requests a jury. A criminal
bench trial will only occur if the right
to a jury trial
is waived
. In the case of a criminal trial, in most states the criminal defendant alone has the ability to waive the right to a jury. In a U.S. civil trial, one of the parties must request a jury trial (and pay a small fee), otherwise a bench trial will result. See FRCP
38. In United States Federal criminal trials, jury trials are usually a matter of course and cannot be waived without certain requirements. Under the rules of Federal Criminal Procedure: If a defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves. See Federal Rules of Criminal Procedure
23(a).
With bench trials, the judge plays the role of the jury as finder of fact
, in addition to making conclusions of law. In some bench trials, both sides have already stipulated to all the facts in the case (such as civil disobedience
cases designed to test the constitutionality of a law). These are usually faster than jury trials due to the fewer number of formalities required. For example, there is no jury selection
phase, no need for sequestration and no need for jury instructions
.
A bench trial has some distinctive characteristics, but it is basically the same as a jury trial
without the jury. For example, the rules of evidence
and methods of objection
are the same in a bench trial as in a jury trial. Bench trials, however, are frequently more informal than jury trials. It is often less necessary to protect the record with objections, and sometimes evidence is accepted de bene
, or provisionally, subject to the possibility of being struck in the future.
Some judicial proceedings, such as probate, family law or juvenile matters, do not usually utilize juries. In such courts, judges routinely adjudicate both matters of fact and law.
, there is no "jury" in the English sense, and trials are necessarily bench trials. However, in more complicated cases, Lay Judges can be called. These are not randomly selected like juries; they are volunteers, and vote as judges.
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
held before a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
sitting without a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. The term is chiefly used in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions to describe exceptions from jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
, as most other legal systems (Roman
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, Islamic
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
and socialist
Socialist law
Socialist law denotes a general type of legal system which has been used in communist and formerly communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a...
) do not use juries to any great extent.
England and Wales
The majority of civil trials that take place in England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
do not feature a jury and are heard by a judge sitting alone. The Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
is the only court to use juries as a matter of course. Criminal trials for indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
s are almost always conducted at the Crown Court with a jury in session, as are less serious triable either way
Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...
offences if the magistrates or defendant decide upon a Crown Court trial.
Turks and Caicos
One of the recommendations of the Commission of Inquiry 2008-2009 was that provisions be made for criminal trials without juries, following the Anglo-Welsh precedent. Other examples cited included the United States, the Commonwealth, including IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the British Overseas Territories of the Falkland Islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
and St. Helena, and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
.
United States
In U.S. law, most civilCivil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
trials are bench trials unless a party requests a jury. A criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
bench trial will only occur if the right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
to a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
is waived
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted...
. In the case of a criminal trial, in most states the criminal defendant alone has the ability to waive the right to a jury. In a U.S. civil trial, one of the parties must request a jury trial (and pay a small fee), otherwise a bench trial will result. See FRCP
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
38. In United States Federal criminal trials, jury trials are usually a matter of course and cannot be waived without certain requirements. Under the rules of Federal Criminal Procedure: If a defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves. See Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
23(a).
With bench trials, the judge plays the role of the jury as finder of fact
Trier of fact
A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
, in addition to making conclusions of law. In some bench trials, both sides have already stipulated to all the facts in the case (such as civil disobedience
Civil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
cases designed to test the constitutionality of a law). These are usually faster than jury trials due to the fewer number of formalities required. For example, there is no jury selection
Jury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
phase, no need for sequestration and no need for jury instructions
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
.
A bench trial has some distinctive characteristics, but it is basically the same as a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
without the jury. For example, the rules of evidence
Rules of evidence
Rules of evidence govern whether, when, how, and for what purpose, proof of a legal case may be placed before a trier of fact for consideration....
and methods of objection
Objection (law)
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law...
are the same in a bench trial as in a jury trial. Bench trials, however, are frequently more informal than jury trials. It is often less necessary to protect the record with objections, and sometimes evidence is accepted de bene
De bene esse
De bene esse is a Latin phrase meaning "of well being." In an American legal context, it means "conditionally," "provisionally," or "in anticipation of future need." It can also mean "A phrase applied to proceedings which are taken ex parte or provisionally and are allowed to stand as well done...
, or provisionally, subject to the possibility of being struck in the future.
Some judicial proceedings, such as probate, family law or juvenile matters, do not usually utilize juries. In such courts, judges routinely adjudicate both matters of fact and law.
Civil law
In most countries with "Roman law" or civil lawCivil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, there is no "jury" in the English sense, and trials are necessarily bench trials. However, in more complicated cases, Lay Judges can be called. These are not randomly selected like juries; they are volunteers, and vote as judges.
See also
- Bench (law)Bench (law)Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
- Jury trialJury trialA jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
- Criminal lawCriminal lawCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
- Civil lawCivil law (common law)Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
- Diplock Court
- Special Criminal CourtSpecial Criminal CourtThe Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure...