Bench Trial vs. Jury Trial: What’s the Difference—and Why It Matters
By Trinity Barnette
If you’ve ever watched a courtroom drama or followed a real-life trial, you’ve probably heard someone say, “We’re going to trial.” But what kind of trial?
In the U.S. legal system, there are two types of criminal trials: bench trials and jury trials. Both are used to decide guilt or innocence—but how they operate, who makes the final call, and the strategy behind choosing one over the other can vary a lot.
In this post, I’m breaking down the key differences between bench trials and jury trials, when each one is used, and why a lawyer might pick one over the other depending on the case.
Section 1: Bench Trial vs. Jury Trial — The Basics
Let’s start simple:
A group of everyday people (usually 6 or 12 jurors) decides the verdict.
The judge oversees the courtroom, makes legal rulings, and guides the jury—but the jury decides if the defendant is guilty or not guilty.
Used most often in serious criminal cases and civil trials involving money or damages.
There is no jury. The judge handles everything—they listen to evidence, decide what’s allowed in court, and deliver the final verdict.
Often used for lower-level offenses, technical legal cases, or when a jury might be biased or confused.
Think of it like this:
In a jury trial, the audience decides the outcome.
In a bench trial, the director does it all.
Section 2: Why Would Someone Choose a Bench Trial Instead of a Jury?
Juries sound fair in theory—“a trial by your peers.” But in some cases, that’s not the move.
Here’s why someone might choose a bench trial instead of a jury:
1. The Case Is Highly Technical or Legal
If a case revolves around complicated legal issues or procedural questions—like contract law or evidence interpretation—a judge might be better equipped to follow the logic than a jury.
Example: A case involving digital forensics or specific case law might be clearer to a judge than to a group of people with no legal training.
2. The Facts Are Emotionally Heavy or Controversial
Juries are human—and humans come with biases. If the case involves sensitive issues like abuse, race, high-profile media coverage, or graphic evidence, a judge may be more objective.
Example: A defense team might worry a jury would react emotionally to a victim’s story, even if the law is on the defendant’s side.
3. Speed and Simplicity
Bench trials are usually faster. No jury selection, no instructions, and fewer people to manage.
Translation: Less drama, more direct decisions.
4. Strategy & Control
With a bench trial, lawyers may have more control over what’s emphasized and how the case is presented. Judges often have better courtroom memory (they hear it all day), while jurors may forget, misunderstand, or tune out.
But It’s a Gamble
Choosing a bench trial means putting your entire fate in one person’s hands.
No hung jury. No need to convince multiple minds.
Just one judge, one decision.
1. In Criminal Cases: The Defendant (Usually) Chooses
In most criminal trials, the defendant has the constitutional right to a trial by jury. That means they can waive that right and opt for a bench trial instead—but only if the judge and, in some states, the prosecution agree.
Important:
Just because you want a bench trial doesn’t mean you’ll automatically get one. Some judges or prosecutors might insist on a jury trial—especially in serious felony cases.
2. In Civil Cases: It Depends
In civil court, either side (plaintiff or defendant) can usually request a jury trial—but they have to ask for it early. If no one asks, it defaults to a bench trial.
Translation:
If you don’t file your request on time, the judge becomes the decider by default.
3. For Misdemeanors or Traffic Cases: Bench Trials Are Common
Lower-level offenses are often resolved by bench trial automatically, especially when jail time isn’t on the table.
The Bottom Line:
Jury trials are a right.
Bench trials are a tactical decision.
And choosing the right one? That could make or break a case.
Conclusion: One Trial, Two Paths—Choose Wisely
At first glance, it might seem like a trial is just a trial—but whether a case is decided by a jury or a judge can completely change the outcome. A jury brings community perspectives, emotion, and group deliberation. A judge brings legal expertise, focus, and speed.
Each option comes with its own risks and rewards.
In some cases, your freedom might depend on which path you take. And for lawyers, knowing when to fight for a bench trial—or when to trust a jury—isn’t just strategy. It’s survival.
