Bench Trial vs Jury Trial

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  • Topic: Jury, Jury selection, Court
  • Pages : 3 (1162 words )
  • Download(s) : 235
  • Published : November 15, 2011
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Bench trial vs. Jury trial
High profile cases being spread through the media attracting massive attention. Cases such as the Sean Bell shooting, Amadou Diallo, and these trials were spread all throughout television which sometimes doesn’t fall in the favor of the defendant. There are two types of trials a bench trial also known as a court trail and a jury trial. NYS procedural law 260.10, states that every criminal depending on the crime must be trialed with 12 randomly selected jurors. The bench trial is another term for a judge trial without the jurors. The bench trial is conducted in this fashion; both parties present their evidence or make their opening statement. After the plaintiff finishes presenting his evidence, the defendant presents her case. When the defendant is finish with her presentation the plaintiff can rebuttal, but rebuttals aren’t often made. The judge then prepares to make his decision. It may take hours or weeks for the judge to make his decision as he carefully reviews the evidence brought to the court. ( You might have seen a bench trial conducted with the officers involved in the Sean Bell shooting. In my opinion moving to a bench trial for this high profile case was the right choice due to the intensity of it all. The public as a whole had so much hatred for law enforcement. Citizens of all boroughs had enough as they held protests and marches. The officers ended up being found innocent due to how NYC officers were trained. The judge made the best decision due to the procedural law. If this case was a jury trial my opinion is the officers would have been convicted. The advantages of this type of trial are instead of swaying 6-12 jurors all you have to do is sway one judge with your proof of evidence. It’s harder to convince a majority when everyone has their own opinion. A bench trial generally proceeds more quickly than a jury trial because there is no jury selection phase. No jury also means there’s no need to...
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