What is a Bench Trial?

By Jedidiah McKeehan

We have all seen a TV show a movie where the main characters are passionately arguing their case to the jury of 12 people who will decide what occurs. What many people do not realize is that many trials are decided only by a judge, and no jury is present.

This means that the judge is responsible for hearing the evidence, making determinations of the law, and ultimately rendering a verdict. Bench trials are common in both civil and criminal cases, especially in situations where legal issues are complex or where there is a desire to expedite the proceedings. For example, divorce and custody cases are never heard by a jury, but only by a judge.

One of the key advantages of a bench trial is its efficiency. Without the need for jury selection and the various accommodations required for jurors, the process can be significantly quicker. Bench trials are less formal and can proceed in a more streamlined manner and there is often less need for theatrics and big showy performances from the lawyers because they are only talking to the judge who is familiar with the attorneys and the issues that are being presented.

This can be particularly beneficial in cases where the evidence is highly technical or specialized, as the judge, who is often experienced in such matters, can better understand and weigh the evidence without needing to explain it to a lay jury.

Crazy enough, on some cases, the people involved in the case, such as a car wreck case, get to decide whether they want to ask for a jury trial or not. Choosing a bench trial also means that the fate of the case rests solely in the hands of the judge. This can be advantageous if the legal issues are in favor of the party choosing the bench trial, but it can also be risky if the judge’s interpretation of the law is not favorable.

In making the decision between a bench trial and a jury trial, parties often consider factors such as the complexity of the case, the nature of the evidence, and the potential biases of a jury. Definitely consult with your lawyer before deciding whether a jury trial or a bench trial is an option and which one they believe will most benefit your case.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. Visit attorney-knoxville.com for more information about this and other legal issues.