Should I Do a Bench Trial or a Jury Trial?

The Sixth Amendment to the United States Constitution gives criminal defendants the right to a jury trial. But should you exercise this right? Or should you defend your case to a judge? The Criminal Defense Team has extensive experience in both arenas. We can carefully evaluate your case and explain which option we recommend based on your particular situation.

What Is a Jury Trial?

The Sixth Amendment to the United States Constitution gives criminal defendants the right to a trial by an impartial jury of their peers in the state and district where the crime allegedly occurred. In Indiana, a jury of local residents is selected from a pool of eligible jurors. Twelve jurors are assigned for criminal cases involving murder or a Level 1, 2, 3, 4, or 5 felony. Lesser criminal cases involving Level 6 felonies or misdemeanor offenses only involve six jurors.

Jurors are selected during a voir dire process in which lawyers on both sides ask potential jurors questions to determine if they are prejudiced in a certain direction or are unlikely to be objective.

If a trial is presented to a jury, the jury is responsible for reaching a verdict at the conclusion of a trial. The judge makes legal rulings and directs the case, but the jury is ultimately responsible for the decision.

What Is a Bench Trial?

In bench trials, the judge evaluates the evidence and determines the case’s outcome. There is no jury. The judge is still responsible for making legal decisions along the way, such as whether certain evidence should be suppressed.

Deciding Between a Bench Trial and Jury Trial

In some situations, a bench trial is a better option. In others, a jury trial is better. An experienced Indianapolis defense lawyer can evaluate the factors related to your case and advise you on which direction to take, but the decision is ultimately up to you.

Generally, it is better to have a bench trial when legal issues are involved in the case that can determine its outcome. Judges may be more open to hearing legal arguments about case law and similar findings in the same jurisdiction. They also want to make consistent rulings with previous decisions they have made in other cases. Jurors may be more likely to disregard the letter of the law if it would cause a result they consider unfair, even if it is legally correct.

Jury trials may be more effective when the case depends on assessing the credibility of a witness or the general distrust of the government. It is also important to keep in mind that jury decisions must be unanimous, so even if one juror finds your defense compelling that can be enough to secure an acquittal.

Contact Us to Learn More

The board-certified defense attorneys at The Criminal Defense Team have extensive experience in jury and bench trials. We can evaluate your case and explain the pros and cons of each approach. Call us at (317) 678-9853 to learn more.