What’s Better, a Jury Trial or a Bench Trial?
If you are charged with a crime in Minnesota, you have the right to have a trial. As importantly, you have the right to decide whether that trial is before a jury or before a judge, also known as a bench trial. However, it is important to understand the differences as well as the benefits and detriments of each. A Minnesota Board Certified Criminal Law Specialist and experienced Criminal Defense Attorney can help decide the best course of action.
“Some cases I would never put before a jury because the allegation may make them hate my client and we won’t get a fair shake.”
What are the Differences between Bench Trials and Jury Trials?
In a bench trial, the Judge is the solitary fact finder in the trial and there is no jury. For this to happen in a criminal case in Minnesota, a Defendant must specifically waive their right to a jury trial. In a jury trial, a Defendant has the right to have a jury of six people for misdemeanors and gross misdemeanors and twelve people for felonies. The jury pool in Minnesota criminal cases live in the county in which the Defendant has been charged.
Which is better, a Jury Trial or a Bench Trial?
In the end, it depends on a case-by-case basis. However, there are certainly benefits and detriments to each. Several reasons to pick a jury trial over a bench trial include:
All six or twelve members of the jury have to agree to find you guilty whereas a bench trial only takes the jury. It must be unanimous;
Jurors may be more influenced by emotion;
More experienced criminal defense attorneys can sometimes drive jurors to make decisions and judges may be more cynical.
Bench trials on the other hand may come with benefits of their own. These include:
If you are making more technical arguments involving standards of law or factual scenarios, a Judge may be a better option;
If the facts are particularly challenging or difficult or violent that may drive a jury to convict, a judge may be less impacted by those facts;
A judge sees pretrial evidence that might be excluded from the jury. Those facts, even if excluded may help drive the judge. You can’t unring a bell.
“The problem sometimes with a bench trial is only takes one to convict. With a jury, the State needs all of em.”
When must the defendant have to make this decision?
According to the Minnesota Rules of Criminal Procedure, a defendant may decide to go with “waive a jury” and choose a bench trial at any point up to the Judge swearing in the jury. That being said, great care must be taken in making this decision because the ramifications may be critical to your case.
“Be careful not to wait too long. Remember that if you waste the Judge’s time before waiving a jury, it is that Judge who will be deciding your fate.”
If you are facing serious criminal charges in Minnesota, deciding whether you want to have a judge or a jury determine the outcome of your case is one of the serious decisions you must face. Having an experienced criminal defense attorney by your side to talk about the pros and cons may make all of the difference.
Go with the Best
Jack Rice is a former prosecutor, former U.S. CIA Officer, and Board Certified Criminal Law Specialist. He is the Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.