Bench trial: Difference between revisions
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A '''bench trial''' is a trial by judge instead of jury. Many defendants in cases involving [[child pornography]] or other sex crimes opt for a bench trial, when their hope is that a judge will follow the rules better than a jury would.<ref>https://www.criminaldefenselawyer.com/legal-advice/criminal-defense/criminal-defense-case/what-the-bench-trial-process</ref> | A '''bench trial''' is a trial by judge instead of jury. Many defendants in cases involving [[child pornography]] or other sex crimes opt for a bench trial, when a bona fide defense exists and their hope is that a judge will put aside his biases and follow the rules better than a jury would.<ref>https://www.criminaldefenselawyer.com/legal-advice/criminal-defense/criminal-defense-case/what-the-bench-trial-process</ref><ref>https://www.greghillassociates.com/should-i-waive-a-jury-trial-and-instead-have-a-bench-trial.html</ref> | ||
The American Bar Association advises, "A thoughtful pretrial brief offers a great opportunity for you to educate the judge about your case as well as persuade the judge to view the facts from your point of view" and "The latest decisions rendered by a judge are a roadmap to your success. Essentially, you are handed—free of charge—a substantive and procedural guide to build your case."<ref>https://www.americanbar.org/groups/litigation/committees/woman-advocate/practice/2018/bench-trial-tips/</ref> | The American Bar Association advises, "A thoughtful pretrial brief offers a great opportunity for you to educate the judge about your case as well as persuade the judge to view the facts from your point of view" and "The latest decisions rendered by a judge are a roadmap to your success. Essentially, you are handed—free of charge—a substantive and procedural guide to build your case."<ref>https://www.americanbar.org/groups/litigation/committees/woman-advocate/practice/2018/bench-trial-tips/</ref> | ||
Revision as of 00:47, 28 June 2020
A bench trial is a trial by judge instead of jury. Many defendants in cases involving child pornography or other sex crimes opt for a bench trial, when a bona fide defense exists and their hope is that a judge will put aside his biases and follow the rules better than a jury would.[1][2]
The American Bar Association advises, "A thoughtful pretrial brief offers a great opportunity for you to educate the judge about your case as well as persuade the judge to view the facts from your point of view" and "The latest decisions rendered by a judge are a roadmap to your success. Essentially, you are handed—free of charge—a substantive and procedural guide to build your case."[3]
References
- ↑ https://www.criminaldefenselawyer.com/legal-advice/criminal-defense/criminal-defense-case/what-the-bench-trial-process
- ↑ https://www.greghillassociates.com/should-i-waive-a-jury-trial-and-instead-have-a-bench-trial.html
- ↑ https://www.americanbar.org/groups/litigation/committees/woman-advocate/practice/2018/bench-trial-tips/
