Bench Trial Definition Government

From external influences and the insistence upon its function of determining the particular charge according to the evidence combine.

Bench trial definition government. Before the point of formal accusation the government is under no sixth amendment obligation to discover investigate accuse or prosecute a particular defendant within a certain amount of time. Many legal systems roman islamic use bench trials for most or all cases or for certain types of cases. A bench trial is a trial by judge as opposed to a trial by jury.

The rules of evidence and procedural methods are the same in both. A person s right to a speedy trial arises only after the government has arrested indicted or otherwise formally accused the person of a crime. A jury trial or trial by jury is a lawful proceeding in which a jury makes a decision or findings of fact.

A trial with a jury is recommended in certain types of cases but not in others. To offer some assurance that the accused will not be judged by reference to sensational or self righteous pre trial publicity or the. The random selection of a jury panel the empanelment of a jury to try the particular case the public anonymity of individual jurors the ordinary confidentiality of the jury s deliberative processes the jury s isolation.

The judge then decides whether the defendant is guilty or not guilty. In such trials the judge decides both questions of facts and questions of law. Specific procedure for bench trial is determined by the applicable state code.

A bench trial sometimes referred to as a court trial is held before only a judge with no jury involved at all. A trial in which there is no jury and the judge decides the case compare jury trial. The judge still rules on issues of evidence and testimony allowed in trial and procedural issues but he or she also views the evidence and hears testimony.

To read what types of cases are best for a bench trial read this article. Whereas in a jury trial questions of facts are determined by the jury and only questions of law is decided by the judge. A bench trial is an unusual form of a trial where there is not a jury present.