Bench trial: Encyclopedia - Bench trial

Bench trial

A bench trial in the U.S. is a trial before a judge in which the right to a jury trial has been waived by the necessary parties. In the case of a criminal trial, the criminal defendant alone has the ability to waive the right to a jury; in a civil trial, the parties to the dispute must agree to waive their right to a jury.

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 and sometimes evidence is accepted de bene, or provisionally, subject to the possiblity of being struck in the future.

With bench trials, the judge is the finder of law and the finder of fact. 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.

See Criminal law, civil law

Adapted from the Wikipedia article "Bench trial", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki