Bench trial

What is a bench trial?

A bench trial is a trial without a jury. Under federal Rule 23(c), the court finds the defendant guilty or not guilty in a case tried without a jury. If the defendant is entitled to a jury trial, Rule 23(a) requires a jury unless the defendant waives it in writing, the government consents and the court approves. This definition explains that federal rule; it is not a survey of state procedures. [5]

How does a bench trial come up in a federal criminal case?

For a federal case in which the defendant is entitled to a jury trial, Rule 23(a) requires trial by jury unless all its conditions are met: the defendant waives a jury in writing, the government consents, and the court approves. That conditional rule does not say every nonjury case requires a waiver; it addresses cases in which there is a jury-trial entitlement. [5]

Rule 1 says the Federal Rules of Criminal Procedure govern criminal proceedings in the United States district courts, the United States courts of appeals and the Supreme Court of the United States. This definition explains the supplied federal rules, not a survey of other states' trial procedures. [1]

Who decides guilt in a bench trial?

In a federal bench trial, the judge decides. Rule 23(c) says that in a case tried without a jury, the court must find the defendant guilty or not guilty. The federal rules define "court" as a federal judge performing functions authorized by law. [5][1]

Either side can ask the judge to explain the factual basis for the decision. If a party asks before the finding of guilty or not guilty, the judge must state specific findings of fact. Those are the judge's specific determinations about the facts. The judge can give them in open court or in a written decision or opinion. [5]

How is a bench trial different from a jury trial?

The main difference is who returns the decision on guilt. In a federal jury trial, Rule 31 requires the jury to return its verdict to a judge in open court, and the verdict must be unanimous. In a bench trial, Rule 23(c) gives the finding of guilty or not guilty to the court instead. [3][5]

A federal jury verdict and a judgment of acquittal by the court are distinct. Rule 29(c) permits the court, on the defendant's motion under that provision, to set aside a guilty verdict and enter an acquittal. Rule 29 sets the conditions for that motion. This definition is not a motion-filing guide. [4]

Can a defendant in federal court get a bench trial just by asking for one?

Not under the text of federal Rule 23 alone. The rule makes a jury trial the default when the defendant is entitled to one. A bench trial in that situation requires three things. The defendant must waive a jury in writing, the government must consent, and the court must approve. The defendant's waiver is one of those three conditions, not the whole requirement. [5]

Does a federal jury waiver have to be in writing?

Yes. Federal Rule 23 lists a waiver made in writing as the first condition for trying a jury-eligible case without a jury. The government's consent and the court's approval are also required. [5]

What does the Sixth Amendment say about juries?

The Sixth Amendment states the accused's right to a speedy and public trial by an impartial jury in criminal prosecutions. For the federal cases it covers, Rule 23(a) separately states the written-waiver, government-consent and court-approval conditions. This definition does not determine whether a particular charge carries a jury-trial entitlement. [2][5]

Does this definition cover every court's trial procedures?

Rule 1 says the Federal Rules of Criminal Procedure govern criminal proceedings in the United States district courts, the United States courts of appeals and the Supreme Court of the United States. This definition explains the supplied federal rules, not a survey of other states' trial procedures. [1]