Bench trial

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A bench trial is a trial by judge, as opposed to a trial by jury. [1] The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.

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While a jury renders a verdict, a judge in a bench trial does the same by making a finding. [2]

United Kingdom

England and Wales

The majority of civil trials proceed without a jury and are heard by a judge sitting alone.

Summary criminal trials may be heard by a single district judge (magistrates' court) or by a panel of at least two, but more usually three, magistrates.

Section 47 of the Criminal Justice Act 2003 allows a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. [3]

Scotland

Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session, a judge in either the outer or inner house usually sits alone; but may sit with a jury in certain trials such as personal injury claims. See: Trial by jury in Scotland

Summary criminal trials are conducted by a sheriff in a sheriff court or a justice of the peace in the justice of the peace court sitting alone as regulated by the Criminal Procedure (Scotland) Act 1995. Those trials requiring juries are called solemn procedure and are also regulated under the Act.

Turks and Caicos

One of the recommendations of the Commission of Inquiry 2008–2009 in Turks and Caicos was that provisions be made for criminal trials without juries, following the precedent in England and Wales. Other examples cited included the United States, the Commonwealth of Nations including India and Canada, the British overseas territories of the Falkland Islands and St. Helena, and the Netherlands. [4]

United States

In United States law, for most criminal cases that proceed to trial, trial by jury is usually a matter of course as it is a constitutional right under the Sixth Amendment and cannot be waived without certain requirements. In the federal court system, under rule 23 of the Federal Rules of Criminal Procedure, if a defendant is entitled to a jury trial, the trial must be by jury unless the defendant waives a jury trial in writing. In the various state court systems, waiver of jury trial can vary by jurisdiction. Missouri has Missouri Supreme Court Rule 27.01(b), [5] "The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court..."; the prosecution need not consent.

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 cases are usually faster than jury trials because of the fewer formalities required. For example, there is no jury selection phase and no need for sequestration or jury instructions.

A bench trial (whether criminal or civil) that is presided over by a judge has some distinctive characteristics, but it is similar to a jury trial. 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.

Israel

In Israel all cases are heard before a judge or a panel of judges.

Civil law

In most countries with "Roman law" or civil 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. They are not randomly selected, as juries are. They are professional, although not legally trained as jurists, and vote as judges. One notable exception, from French law, is cour d'assises, where jurors are allotted and vote alongside professional judges.

See also

Related Research Articles

Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn and a person guilty of this is a contemnor or contemner.

<span class="mw-page-title-main">Jury trial</span> Type of legal trial

A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.

<span class="mw-page-title-main">Summary offence</span> Crime tried without a jury

A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.

<span class="mw-page-title-main">Jury</span> Group of people to render a verdict in a court

A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.

A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the high sheriff of each county.

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again.

<span class="mw-page-title-main">Sheriff court</span> Principal local civil and criminal court in Scotland

A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions.

<span class="mw-page-title-main">New York City Criminal Court</span> Court for misdemeanors, arraignments, and preliminary hearings

The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors and lesser offenses, and also conducts arraignments and preliminary hearings in felony cases.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">Committal procedure</span> Replacement of earlier grand jury process except in US

In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions except the United States. The committal procedure replaces the earlier grand jury process.

<span class="mw-page-title-main">Trial</span> Coming together of parties to a dispute, to present information in a tribunal

In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

In France, a cour d'assises, or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. It is the only French court that uses a jury trial.

The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts claiming more than $50, which are tried de novo in the Circuit Courts.

The Alameda County Superior Court, officially the Superior Court of California, County of Alameda, is the California superior court with jurisdiction over Alameda County as established by Article VI of the Constitution of California. It functions as the trial court for both criminal and civil cases filed in Alameda County.

A citizen's right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system.

<span class="mw-page-title-main">Grand juries in the United States</span> Groups of citizens empowered by United States federal or state law to conduct legal proceedings

Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought. The grand jury originated under the law of England and spread through colonization to other jurisdictions as part of the common law. Today, however, the United States is one of only two jurisdictions, along with Liberia, that continues to use the grand jury to screen criminal indictments.

As one of the fifty states of the United States, California follows common law criminal procedure. The principal source of law for California criminal procedure is the California Penal Code, Part 2, "Of Criminal Procedure."

References

  1. Black, Henry Campbell (1990). Black's Law Dictionary, 6th ed. St. Paul, MN: West Publishing. pp.  156. ISBN   0-314-76271-X.
  2. "Should I Waive a Jury Trial and Instead Have a Bench Trial?". Greg Hill & Associates. Retrieved October 4, 2016.
  3. "Judge in 'crash for cash case' dismisses jury and takes case on himself after jurors were offered bribes outside the courtroom". The Telegraph. Retrieved 2017-02-27.
  4. Interim Report of the Commissioner the Right Honourable Sir Robin Auld Archived June 17, 2009, at the Wayback Machine
  5. "Supreme Court Rules - Rule 27 - Rules of Criminal Procedure - Misdemeanors or Felonies - Trial: Misdemeanors or Felonies - Trial by Jury - Waiver". www.courts.mo.gov.