Do All Criminal Cases Have Juries?

Jury vs. Bench Trial in Criminal Defense Cases

In Tennessee, as in many other states, criminal defense proceedings can take the form of either a jury trial or a bench trial. The primary difference between these two types of trials lies in who determines the verdict.

In a jury trial, a group of citizens, typically 12 people in criminal cases, are selected to hear the evidence presented and ultimately decide the outcome of the case. The jury is responsible for reaching a verdict based on the presented facts and evidence, the laws applicable to the case, and the elements of the crime. The judge's role in a jury trial is to:

oversee the proceedings,
rule on legal issues and objections, and
provide instructions to the jury on how to apply the law to the facts they determine.

Conversely, in a bench trial, there is no jury present. Instead, the judge alone serves as both the trier of fact and the arbiter of law.

The judge hears all the evidence, considers the legal arguments, and renders a verdict based on their interpretation of both the facts and the applicable law. Bench trials are often chosen for complex legal matters, cases involving sensitive information, or when both parties prefer a potentially quicker and less formal process compared to a jury trial.

Is a Jury Trial the Better Option?

There isn't a universally better option between jury trials and bench trials, as each has its own advantages and may be more suitable depending on the specific case and circumstances. The choice between a jury trial and a bench trial often depends on:

The nature of the case
The strength of the evidence
The complexity of the legal issues involved
The strategic considerations of the parties and their attorneys.

When weighing the pros and cons of having a jury or bench trial, consider the following:

Case notoriety: The level of public attention a case receives can significantly impact the choice between a jury or bench trial. High-profile cases that have generated a lot of media coverage may benefit from a bench trial to avoid potential juror bias from pre-trial publicity.
Excluded facts and evidence: In cases where crucial evidence has been excluded due to legal technicalities, a bench trial might be preferable. Judges are typically better equipped to disregard inadmissible evidence and focus solely on the facts allowed in court.
Judge’s reputation: The reputation and track record of the presiding judge can be a decisive factor in choosing between a jury and a bench trial. If the judge is known for being fair and impartial in similar cases, a bench trial might be advantageous. However, if a judge is known for being harder on drug offenses or cases similar to yours, a jury trial may be the better option.
Complexity of concepts involved: Cases involving intricate legal theories or technical evidence may be better suited for a bench trial. Judges, with their legal expertise, are often better equipped to understand and apply complex legal concepts.
Diversity of opinion: Jury trials offer the advantage of diverse perspectives, as jurors come from various backgrounds and experiences. This diversity can be beneficial in cases where community standards or a range of viewpoints are crucial to reaching a fair verdict. Bench trials, while lacking this diversity, offer consistency in decision-making based on legal precedent and judicial experience.
Perception of verdict: The way a verdict is perceived by the public or interested parties can influence the choice of trial type. A jury verdict might carry more weight in the court of public opinion, as it represents the judgment of peers.

When Must You Decide to Have a Bench Trial?

Defendants can waive their right to a jury trial any time before the jury is sworn in. They must submit their waiver in writing and have both the approval of the court and district attorney general’s consent. It is advisable that they also consult their attorney.

Facing Criminal Prosecution? Contact Us!

Eldridge and Cravens, PC offers counsel to those facing the following charges:

If you retain our counsel, we can discuss the various trial and plea negotiation options you have, as well as the benefits and disadvantages of each. Should you have questions about whether you should ask to have a bench trial, we can also talk through why that may or may not be in your best interest.

Get in contact with our defense attorneys today by calling (865) 544-2010.