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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.
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).
If the grand jury determines that there is enough evidence to justify the bringing of charges, then the defendant is indicted. In the federal system, a case must always be brought before a grand jury for indictment if it is punishable by death or more than one year in prison; [1] some states, however, do not require indictment.
A citizen's right to a trial by jury is a central feature of the United States Constitution. [1] It is considered a fundamental principle of the American legal system. Laws and regulations governing jury selection and conviction/acquittal requirements vary from state to state (and are not available in courts of American Samoa), but the fundamental right itself is mentioned five times in the ...
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. [1]
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government.It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992.
The Sixth Amendment calls for trial “by an impartial jury of the State and district wherein the crime shall have been committed.” Within the federal court system, Rule 18 of the Federal Rules of Criminal Procedure specifies which federal court may hear a particular criminal case:
The chief federal public defender is appointed to a four-year term by the United States courts of appeals of the circuit in which the defender organization is located. The United States Congress placed this appointment authority in the United States courts of appeals rather than with the United States district court in order to insulate federal public defenders from the involvement of the ...