bench trial

Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law . The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial .

In the United States, trial by jury is a constitutional right under the Sixth Amendment . In the federal court system, if a defendant is entitled to a jury trial, the trial must be conducted by a jury unless (1) the defendant waives the jury trial in writing, (2) the government agrees, and (3) the court approves. In each state , the circumstances in which bench trials apply vary from jurisdiction to jurisdiction.

[Last reviewed in June of 2022 by the Wex Definitions Team ]

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