What Is A Bench Trial In Indiana

With bench trials the judge plays the role of the jury as finder of fact in addition to making conclusions of law.

What is a bench trial in indiana. After reviewing the case the court will then determine whether such a trial is appropriate. The general provisions for a trial by bench are laid out in the federal rules of criminal procedure. Often referred to as trial by jury this is a trial in which a jury hears the facts of a case and renders a verdict based on the facts presented to them.

The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. A formal written request must be submitted to the court in order for a bench trial to be granted. The defendant has been fully advised by the court and by counsel of his constitutional right to a trial by jury.

And indiana constitutions are not identical on this issue. The judge is the only official who presides over the case and can speak directly to both parties. In indiana misdemeanors are.

Bench trials are trials where just a judge hears the evidence and just a judge makes the determination of whether the state has proved you guilty beyond a reasonable doubt. The defendant hereby waives his constitutional right to a trial. A bench trial is a trial by judge as opposed to a trial by jury.

Many legal systems roman islamic use bench trials for most or all cases or for certain types of cases while a jury renders a verdict a judge in a bench trial does the same by making a finding. What is a bench trial. Bench trials are almost always shorter than jury trials and can frequently be done in a single day and sometimes in only half of a day.

The defendant can read write and understand english. In this type of trial a jury is not present. A jury trial is a trial before a jury of 6 or 12 people who after hearing the evidence and legal arguments decide whether the defendant is guilty or not guilty of the charges against him.