The Advantages of a Bench Trial
A bench trial is one in which there is no jury; rather, the case is heard by and adjudicated by a judge. There are various advantages to a bench trial.
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Timeliness
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A bench trial generally proceeds more quickly than a jury trial because there is no jury selection phase. No jury also means no need to sequester the jury and no jury deliberation.
Resolution of Issues
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In a bench trial, the judge resolves any legal issues as the issues emerge during the case. A judge can easily spot a legal issue that may be called into question, address the matter and resolve it. Conversely, in a jury trial, the jury may present issues or questions throughout the case, which the judge must determine. This formality is eliminated in the bench trial.
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Deliberation
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The deliberation phase of a trial, which is where a jury of citizens must discuss and decide a verdict, is eliminated in a bench trial. While a judge will deliberate as well, the time span is generally shorter because there is no need to reach a consensus or a unanimous decision. Furthermore, the judge can determine the case right after closing arguments if he/she sees fit, eliminating the deliberation phase altogether.
Appeals
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Most appeals are based upon allegations of procedural errors. Since the judge is skilled in the procedural law and makes the determination in a bench trial, the likelihood of an appeal is less than a jury trial.
Informal Nature
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Generally speaking, a bench trial is less formal than a trial by jury since the judge is both reviewing the law and making a determination. In addition, the judge has the discretion as to handle various matters as they emerge; if there was a jury, the judge would most likely follow a more rigorous set of procedural rules to maintain decorum in the courtroom.
Advantages of a Bench Trial
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An attorney may counsel his or her client to have a bench trial for various reasons. Initially, an attorney may believe that the expeditious nature of a bench trial will benefit the client. For instance, the client may have a debilitating disease and may have limited time to be physically present at a trial. In addition, a bench trial may be advantageous to a prosecutor because there is no risk that the jury cannot reach a decision so there is no risk of a mistrial. Moreover, a bench trial may be a good option where there are highly complicated technical components to one of the parties' case, which a judge would more easily understand than a jury of laypeople.
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