bench trial
A criminal trial decided by the judge alone, after the defendant waives a jury.
A bench trial is, in US law, a criminal trial decided by the judge alone instead of by a jury. The judge weighs the evidence, determines the facts and applies the law — a role otherwise held by the twelve jurors in an ordinary jury trial.
In the United States, a defendant has a constitutionally protected right to have the case decided by a jury. That right can, however, be waived. In federal criminal procedure this is governed by Federal Rule of Criminal Procedure 23(a), which sets out three conditions for trying a case without a jury: the defendant must waive the jury trial in writing, the prosecution must consent, and the court must approve the waiver.
In practice, defendants sometimes choose a bench trial over a jury trial, typically because they judge that an experienced judge will assess complex or emotionally charged evidence more objectively than lay jurors. It is a strategic decision made in consultation with defence counsel.
In the Garrett Phillips case — concerning the killing of the 12-year-old boy in Potsdam, New York — the case against the defendant was tried as a bench trial. The waiver of a jury meant that the judge alone decided whether the prosecution's evidence was sufficient to establish guilt, and it was the judge who ultimately acquitted the defendant.
A bench trial does not change the fundamental standard of proof: the prosecution must still prove the defendant's guilt beyond a reasonable doubt. The presentation of evidence, witness examinations and procedures largely proceed as in an ordinary jury trial — simply without a jury panel taking part in the final decision.
