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A bench trial is a trial by judge, as opposed to a jury. [1] The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.
Rumsey, 467 U.S. 203 (1984), it was ruled that in a bench trial, when a judge was holding a separate hearing after the jury trial, to decide if the defendant should be sentenced to death or life imprisonment, the judge decided that the circumstances of the case did not permit death to be imposed. On appeal, the judge's ruling was found to be ...
Bench used in a legal context can have several meanings. First, it can simply indicate the location in a courtroom where a judge sits. Second, the term bench is a metonym used to describe members of the judiciary collectively, [ 1 ] or the judges of a particular court, such as the King's Bench or the Common Bench in England and Wales, or the ...
The legislation, submitted at the request of Attorney General Peter F. Neronha, would give the state the power to veto a defendant’s request for a bench trial. The state law allowing an accused ...
It was held that in the first trial, since the defense had not presented any evidence that there was no robbery, the jury's acquittal had to be based on the conclusion that the defendant's alibi was valid. Since one jury had held that the defendant was not present at the crime scene, the State could not re-litigate the issue. [8]
If the defendant is charged with crimes for which the authorized sentence exceeds six months, whether in state or federal court, the defendant has a right to a jury. [58] Further, the defendant has a right to a trial by jury if the actual sentence exceeds six months and the charged crime has no maximum authorized sentence (e.g. contempt of court).
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. [1] In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. [2]
Defendants must be present at every stage of the proceedings against them. (There is an exception for very minor cases such as traffic offenses in jurisdictions which treat them as crimes.) If more than one person is accused, the people may be referred as "co-defendant" or "co-conspirator" in British and common law courts. In some jurisdictions ...