{"id":368994,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/judge-versus-jury-trials.html"},"modified":"2024-05-21T15:16:51","modified_gmt":"2024-05-21T20:16:51","slug":"judge-versus-jury-trials","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/judge-versus-jury-trials.html","title":{"rendered":"Judge vs. Jury Trials"},"content":{"rendered":"\n
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Judge vs. Jury Trials<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When a case goes to trial, the parties sometimes have a choice between a bench trial or a jury trial. Not all types of cases have this option. Small claims and juvenile criminal cases do not have jury trials.<\/p>\r\n

In a criminal case, the defendant has the right to waive a jury trial, but the state must agree if the defendant wants a bench trial. If a defendant prefers a bench trial, the state will accept it.<\/p>\r\n

There are important differences between bench and jury trials, whether you represent yourself or have an attorney. Before you decide between the types of trials, keep some other legal issues in mind.<\/p>\r\n

Court Cases: Civil vs. Criminal<\/h2>\r\n

Deciding between a bench trial and a jury trial can depend on what you must prove in the case.<\/p>\r\n

In a criminal trial<\/a>, the prosecution has the burden of proof<\/a>. Whether the case is a felony or a misdemeanor, the prosecution must show the defendant committed the crime beyond a reasonable doubt. This is a very high bar. A criminal defense attorney has no burden of proof but must refute elements of the prosecution’s case.<\/p>\r\n

In a civil trial, the plaintiff has the burden of proof. The standard is a "preponderance of evidence<\/a>," meaning more likely than not, or about 51%. A civil defense lawyer may need to disprove parts of the plaintiff’s case and prove the defendant’s side of the case.<\/p>\r\n

Bench Trials<\/h2>\r\n

In a bench trial<\/a>, the judge decides the facts of the case. Otherwise, the case proceeds just as it would in a jury trial. Self-representing parties may find it easier to present a case before a judge than a jury because they will have fewer eyes watching them.<\/p>\r\n

In a bench trial, you avoid jury selection (voir dire)<\/a>, making an opening statement before a jury, and closing arguments for the jurors. These can be intimidating for someone unfamiliar with court procedures.<\/p>\r\n

The advantages of a bench trial are:<\/p>\r\n