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Bench trial

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Title: Bench trial  
Author: World Heritage Encyclopedia
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Subject: Jury trial, Trier of fact, Trial, Jury, Juries in the United States
Collection: Types of Trials
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Bench trial

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 offence, so as to distinguish as to the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.

Contents

  • United Kingdom of Great Britain & Northern Ireland 1
  • Turks and Caicos 2
  • United States 3
  • Civil law 4
  • See also 5
  • References 6

United Kingdom of Great Britain & Northern Ireland

All civil trials that take place in the United Kingdom proceed without a jury and are heard by a judge sitting alone, commonly known as a District Judge, or for more serious matters or appeals, a Circuit Judge.

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.

Turks and Caicos

One of the recommendations of the Commission of Inquiry 2008-2009 was that provisions be made for criminal trials without juries, following the Anglo-Welsh precedent. Other examples cited included the United States, the Commonwealth, including India and Canada, the British Overseas Territories of the Falkland Islands and St. Helena, and the Netherlands.[2]

United States

In U.S. law, for most criminal cases, 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. Under the rules of Federal Criminal Procedure: If a defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves. See Federal Rules of Criminal Procedure 23(a).

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 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.

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. 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.

Some judicial proceedings, such as probate, family law or juvenile matters, do not usually utilize juries. In such courts, judges routinely adjudicate both matters of fact and law.

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. These are not randomly selected like juries-they are volunteers, and vote as judges.

See also

References

  1. ^ Black, Henry Campbell (1990). Black's Law Dictionary, 6th ed. St. Paul, MN.:  
  2. ^ Interim Report of the Commissioner the Right Honourable Sir Robin Auld
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