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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.
The defendant does not have a right, conversely, to a bench trial without the consent of the prosecution. [57] 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 ]
Kennedy, the Supreme Court held that "only where the governmental conduct in question is intended to 'goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion."
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 ...
In U.S. legal nomenclature, the verdict is the jury's finding on the questions of fact submitted to it. Once the court (the judge) receives the verdict, the judge enters judgment on the verdict. The judgment of the court is the final order in the case. If the defendant is found guilty, they can choose to appeal the case to the local Court of ...
Regarding arguments over the defendant’s understanding of the law, Pugh said it would be “incredibly improper” for the government to argue that the former speaker should have expert ...
A criminal trial is designed to resolve accusations brought (usually by a government) against a person accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury.
Mizelle is one of a cadre of Republican-appointed regional trial judges who have taken it upon themselves to upend settled government laws and programs by declaring them illegal or unconstitutional.