Criminal trials are generally conducted before a jury. A jury consists of twelve people who sit through criminal trials to hear and determine cases. They are sworn to give reliable verdicts in legal cases based on evidence and statements presented in court. Many defendants prefer jury trials because they are fair. Additionally, all defendants are given a right to a jury trial after a criminal arrest.
However, you can waive that right for a bench trial, where a judge will hear and determine your case. Whether or not this is a good idea depends on the details of your case, the evidence against you, and the strength of your defense.
Before waiving your jury trial rights, you should speak to a skilled criminal attorney to understand its pros and cons. You also need to weigh the benefits of a bench trial against those of a jury trial for informed decision-making.
When You Can Waive a Jury Trial
Waiving your jury trial rights should be done with much consideration. This is because it can be beneficial in some circumstances and not helpful in others. Your attorney will advise you accordingly, depending on the circumstances of your case and the expected outcome. Here are some situations that could favor such a decision:
You Have a Criminal History
The jury considers several factors besides the circumstances of your case to convict. Your criminal history is one of the factors that could increase the jury’s chances of convicting you. If your criminal record is unpleasant and you are afraid the jury could base its decision on that, waiving your rights to trial by a jury could be an excellent idea.
Your Physical Appearance is Unappealing
The jury also considers a defendant’s physical appearance concerning the case at hand to determine a case. If your physical appearance makes you look more like a criminal than a law-abiding citizen (many tattoos or unkempt hair), waiving your rights to a jury trial could be an excellent idea.
The Judge is Known for Sympathy or Leniency
Your attorney can advise you to dismiss your right if you will appear before a judge popular for sympathy or leniency. Judges with minimal trust in law enforcement are likely to rule in your favor. Thus, your chances of obtaining a favorable outcome are higher with a bench trial than with a jury trial.
Your Case Details are Severe
If you face grave felony charges that could inflame the jury, waiving your rights to a jury trial could be an excellent idea. Remember that the jury consists of ordinary men and women, not the police or other executive or judiciary members. It could be difficult for them to handle a heinous crime of violence, especially if you have prior convictions in similar cases. The details of your crime could be too difficult for the members to handle.
Your Case is Complex
A complicated case could be complex for a jury to understand and determine. If you are unsure it can handle your case, appearing before a jury will be a waste of time and resources. In that case, you should ask for a bench trial with the assistance of your attorney.
Your Case is Already Public
When selecting jury members, the judiciary chooses people new to a case who can make rational decisions without being influenced by the media or other people around them. If the matter has already caught the media’s attention, there is a chance that everyone, including possible jury members, has heard and judged it. In this case, even the judge will favor a bench trial.
You Prefer a Quicker and Inexpensive Trial
Although jury trials are fairer than bench trials, they can be costly. Additionally, they can drag on for days or weeks before the jury agrees on one final verdict. If you prefer a quick or inexpensive trial, you can waive your rights to a jury trial.
You Have Accepted a Plea Deal
Prosecutors use plea deals to conclude criminal charges without a trial and to ensure a suspected offender pays for their crime. If you accept a plea deal before a jury trial, the trial will be unnecessary. You do not need a jury trial if you enter a no-contest plea during your first arraignment. These two pleas take the case straight to sentencing.
Waiving your rights to a jury trial is a significant decision that can affect the result of your case. Thus, you should not make it lightly or without the assistance of an attorney.
Reasons to Choose a Bench Trial
Jury and bench trials have benefits and disadvantages; you should discuss them with your attorney beforehand for easier decision-making. You can waive your jury trial rights because it does not favor your case or because a bench trial has more benefits. Here are some benefits of a bench trial that can influence your decision:
The Judge Can Be Lenient
Criminal court judges hear and determine all kinds of cases in their professional lives. Thus, they are least likely to be influenced by the prosecutor. Prosecutors present vases and evidence to compel the judge to give a guilty verdict. Experienced judges will likely consider the case as it is, without the extra influence of a prosecutor. This could result in a favorable outcome.
Judges Only Accept Relevant Evidence
Prosecutors present all evidence during a jury trial to manipulate the jury and push for a guilty verdict. Judges do not have the time to review all evidence except for relevant evidence. A judge will throw any evidence unrelated to your case out of trial, which could work in your favor.
Bench Trials are Generally Private
A private trial can be favorable in so many ways. When a case becomes public, public opinion can influence decision-making, especially for a judge. This makes bench trials more likely to result in a favorable outcome. Additionally, a bench trial contains your case within the confines of a courtroom, protecting you from the public and the humiliation that comes with it.
Judges are Not Easily Influenced
Criminal court judges are well-trained to determine cases from evidence and facts without being influenced by external (the public) or internal factors (prejudice or personal preference). This is what makes bench trials favorable for most cases. Judges, like juries, are not easily influenced by new information or prior convictions. They will not consider unimportant evidence or prejudicial information when determining a case.
Bench Trials are Fast and Inexpensive
Jury trials take a longer time than bench trials. This is because the court must interview and select the jury, take it through training, and allow it time to deliberate on the final verdict afterward. This could drag your case for a much longer time than necessary. The case becomes even more expensive when it takes too long to conclude. Bench trials favor defendants who wish for a quicker and less costly result.
You Can Predict the Outcome of a Bench Trial
In a bench trial, the judge hears and determines a case. They review all evidence the prosecution and defense present and any testimony or statement related to the case to decide. If the evidence against you is overwhelming, you can quickly tell how the case is going. However, if you have a strong defense against your charges, you can easily predict that the outcome will be favorable.
Judges Carefully Consider Verdicts Before Issuing Them
A judge is a very important person in a criminal trial. Their responsibility includes ensuring that justice is served in every case they preside over. Judges have greater responsibility in criminal cases than juries. A jury member hears and determines cases because they have to, but judges must ensure that justice is served. Thus, a bench trial will likely be more fair than a bench trial. The judge will only give a verdict they fully believe is reasonable or accurate under the circumstances.
If the benefits of a bench trial outweigh those of a jury trial, you can speak to your attorney about waiving the jury trial. Remember that until you waive that right, the court will take the standard direction of hiring and interviewing the jury in preparation for your trial.
The Benefits of a Jury Trial
When faced with a choice between a jury trial and a bench trial, you should consider the benefits of both options before making the final decision. Jury trials have a lot to offer. This explains why they are the standard trials in Arizona and other states in the United States. Here are some of the reasons you should stick to a jury trial after your arrest:
Your Chances of Obtaining a Favorable Outcome are High
It is difficult to predict a criminal case, especially if there is overwhelming evidence against you. The chances of being convicted are usually high. However, a jury trial reduces these chances considerably, especially when you create reasonable doubt in the prosecutor’s case. If you aim to avoid a grave conviction and severe penalties, a jury trial can help. Creating reasonable doubt in only one juror will result in a favorable outcome. This is because the jury cannot deliver a final verdict until all the members are convinced you are guilty.
An Emotional Defense Easily Moves Jurors
Remember that jurors are ordinary people and not professional judiciary or executive members. They have not been trained to overlook their feelings and emotions in decision-making. Many criminal defense attorneys know how best to manipulate the jury’s feelings to favor a reasonable outcome. This alone makes obtaining a favorable outcome through a jury trial easy. Jurors can be sympathetic even to the most notorious criminal, which will influence their decisions.
Jurors’ Lack of Experience in Criminal Cases Can Be Favorable To You
Criminal courts choose jurors randomly. Most of these people have not heard of more than one criminal case. Thus, they will not determine your case based on the evidence but on the strength of your defense. If you have an aggressive defense attorney, they can easily influence the juror’s decision, regardless of how heinous your crime is.
Waiving Your Jury Trial Rights
After considering your options, you can waive a jury trial with the assistance of your defense attorney. Remember that this is a process you should undergo voluntarily and skillfully. Once you understand all the pros and cons of a jury and bench trial, you can start by signing the required documents. Your attorney will assist you in obtaining and filling out a waiver form that indicates your desire to waive the right to a jury trial.
You will file the waiver form with the court to hear and determine your case. After receiving the form, the judge will review it and set a hearing date. You must appear in person before the judge on the hearing date.
During the hearing, the prosecutor will seek to determine your understanding of the waiver and its legal implications, especially in your case. This is a court’s way of determining that the decision was voluntarily and intelligently made. If this goes as planned, the prosecutor will present your case and any evidence against you before the judge.
Find a Competent Criminal Defense Attorney Near Me
The Sixth Amendment of the United States Constitution gives everyone a right to a jury trial in most criminal cases. Jury trials are public, fair, and likely to result in a favorable outcome. However, you can waive that right if you prefer or are more likely to obtain a better outcome from a bench trial. You can do this by filing a filled waiver form with the court and demonstrating your understanding of the implications of that decision.
We help our clients through these processes at Phoenix Criminal Attorney. However, we must ensure you understand the pros and cons of bench and jury trials and how each can benefit or harm your case. We can also help you file the application in court and through all other legal processes. Contact us at 602-551-8092 to learn more about bench trials and jury trials in Phenix and our services.
