Why do some people choose a bench trial?

There are many reasons to choose a bench trial, including: Municipal Court. Municipal courts don’t preside over jury trials. Nuanced Legal Issue(s). The defendant and his or her criminal defense attorney may believe that the fact pattern involves nuanced legal issue(s) that a judge may best understand. Legal Fees.

When does Queen’s bench trial start and end?

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Can a judge ignore evidence in a bench trial?

Prejudicial, irrelevant, or untrustworthy evidence is excluded, and ideally the jury never hears it. But at a bench trial, where the judge is the jury, it might be hard for the judge to disregard damaging evidence that is technically inadmissible, no matter how conscientious the judge might be.

Can a defendant appeal jury instructions in a bench trial?

Jury instructions may offer grounds for a future appeal because the appellate lawyer may argue that the judge provided reversible error in the jury instructions. Since jury instructions aren’t necessary for a bench trial, the defendant may have fewer grounds on which to assert an appeal if he or she is convicted.

Can a bench trial be like a jury trial?

Just like a jury trial, a defendant and a defense attorney plead their case in a court while the prosecution tries to establish the guilt of the defendant. However, in a bench trial, there is no jury present to hear these arguments.

Who is the ultimate decision maker in a bench trial?

Conversely, in a bench trial, the ultimate decision-maker is the judge. Unlike jury trials where a juror may learn little to nothing about a case before trial, cases tried from the bench present unique opportunities to shape the judge’s opinion of the case prior to trial.

Who is the neutral third party in a bench trial?

There are two types of trial with the difference between the two being who is the neutral third party. This third party can either be a judge or a jury and usually the accused can decide which one they want to hear their case. This page will explain both types of trials. In a bench trial, the neutral third-party fact finder is a judge.

Can a judge be lenient in a bench trial?

For instance, a judge may be a little more lenient with the rules of evidence in a bench trial. In this circumstance, if you disagree with a ruling from the bench, it does little to no good to argue your position. Make sure that you preserve your objection and move on with your case.