Bench trial
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A bench trial is a
) use bench trials for most or all cases or for certain types of cases.While a jury renders a verdict, a judge in a bench trial does the same by making a finding.[2]
United Kingdom
England and Wales
The majority of civil trials proceed without a jury and are heard by a judge sitting alone.
Summary criminal trials may be heard by a single district judge (magistrates' court) or by a panel of at least two, but more usually three, magistrates.
Section 47 of the Criminal Justice Act 2003 allows a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception.[3]
Scotland
Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session, a judge in either the outer or inner house usually sits alone; but may sit with a jury in certain trials such as personal injury claims. See: Trial by jury in Scotland
Summary criminal trials are conducted by a sheriff in a sheriff court or a justice of the peace in the justice of the peace court sitting alone as regulated by the Criminal Procedure (Scotland) Act 1995. Those trials requiring juries are called solemn procedure and are also regulated under the Act.
Turks and Caicos
One of the recommendations of the Commission of Inquiry 2008–2009 in
United States
This section needs additional citations for verification. (June 2022) |
In
With bench trials, the judge plays the role of the jury as
A bench trial (whether criminal or civil) that is presided over by a judge has some distinctive characteristics, but it is similar to a jury trial. For example, the
Israel
In Israel all cases are heard before a judge or a panel of judges.
Civil law
In most countries with "Roman law" or civil law, there is no "jury" in the English sense, and trials are necessarily bench trials. However, in more complicated cases, lay judges can be called. They are not randomly selected, as juries are. They are professional, although not legally trained as jurists, and vote as judges. One notable exception, from French law, is cour d'assises, where jurors are allotted and vote alongside professional judges.
See also
- Bench (law)
- Jury trial
- Criminal law
- Civil law
- Diplock courts
- Special Criminal Court
References
- ISBN 0-314-76271-X.
- ^ "Should I Waive a Jury Trial and Instead Have a Bench Trial?". Greg Hill & Associates. Retrieved October 4, 2016.
- ^ "Judge in 'crash for cash case' dismisses jury and takes case on himself after jurors were offered bribes outside the courtroom". The Telegraph. Retrieved 2017-02-27.
- ^ Interim Report of the Commissioner the Right Honourable Sir Robin Auld Archived June 17, 2009, at the Wayback Machine
- ^ "Supreme Court Rules - Rule 27 - Rules of Criminal Procedure - Misdemeanors or Felonies - Trial: Misdemeanors or Felonies - Trial by Jury - Waiver". www.courts.mo.gov.