Why Is Your Attorney Suggesting A Bench Trial?
Criminal defendants facing serious charges generally have a right to a jury of their peers—so why would anyone deliberately ask for a bench trial and put their fate in the hands of the judge alone? If you've been charged with a serious crime and your attorney is suggesting a bench trial, one of these two reasons is probably the cause.
The Decision Hangs On A Question Of Law
There are often multiple versions of what happened before, during, and after the commission of a crime. Defendants and prosecutors often sharply disagree over the facts of a case. For example, Jodi Arias, who was eventually convicted of the brutal murder of Travis Alexander, claimed that she was a battered woman who killed in self-defense. The prosecution claimed that she acted in a jealous rage. It was up to the jury to determine the truth of the matter, which is a "question of fact."
The judge's role in that case—and in any criminal case involving a jury—was only to determine "questions of law." Questions of law include things like what evidence the jury is allowed to hear or what rules have to be followed during the questioning of witnesses on the stand.
In some cases, however, there's very little question about the facts of a case and the whole decision rests on a matter of law. In those situations, a judge may be able to make fine legal distinctions where a jury could not. For example, in the shooting death of Rekia Boyd, a judge acquitted the off-duty police officer who killed her because of a legal technicality. The prosecution had erroneously charged the officer with manslaughter, which requires an act of recklessness. The law, however, considers pointing a gun at someone and firing it to be an intentional act, not a reckless one. Since the charges didn't meet the facts of the case, the shooter went free.
A Jury Might Be Swayed By The Emotions Of A Case
Your attorney may feel that there is something about your case that will sway the jury's emotions against you.
There have been cases where the defense has benefited from the emotions surrounding a case. For example, there has long been controversy surrounding the acquittal of O.J. Simpson in his murder trial for the death of his ex-wife and her friend. Many people feel that racial tensions led the jury to acquit despite overwhelming evidence of his guilt. However, emotion can also work against a defendant. If a case involves an issue that's particularly touch-sensitive among the public, your attorney may feel that a judge is going to be more dispassionate and fair.
For example, a white Baltimore police officer, Brian Rice, opted for a bench trial on the charges he faced over the death of a black prisoner, Freddie Gray. Many people feel that it was a smart move on the officer's part because the judge in the case has shown that he isn't swayed by the racially-charged uproar over officer-involved deaths.
Ultimately, whether or not you seek a bench trial is something that you should discuss with your criminal defense attorney. However, if your attorney suggests it, there is probably a very strong likelihood that one of these two issues are involved. Take your attorney's advice into careful consideration before you proceed.
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