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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.
At the close of discovery, the parties may either pick a jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits ...
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]
Ibarra’s trial began nine months after the nursing student was killed while jogging at the University of Georgia in a case that developed into a lightning rod over crime and illegal immigration.
“Defendants may elect bench trials for strategic purposes, to blunt the emotional impact of heinous crimes including sexual assault, hate crimes, etc. But the community has a right to weigh in ...
And Gunby can choose to have a bench trial, or trial by a judge alone, the judge said. ... Gunby is one of 16 South Carolinians and some 840 defendants from across the nation arrested by the FBI ...
For most offences, the defendant can choose to forego a jury trial in favour of a judge-alone (bench) trial. Serious "category 4" offences such as murder, manslaughter and treason are always tried by jury, with some exceptions. [53] Civil jury trials are restricted to cases involving defamation, false imprisonment or malicious prosecution. [54]
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 ...