The Different Types of Criminal Trials

In criminal trials, parties present evidence and arguments to a judge and/or jury, who then determine the verdict of guilt or innocence. Understanding the different types of trials is essential for effective preparation and selecting the format that best suits your case’s needs and potential advantages.

You have the option to choose between two types of trials: a bench trial and a jury trial. A bench trial or a jury trial means you can choose whom you want to judge and give the verdict in your case, the judge or the jury. Your decision regarding whom you entrust with the verdict affects the trial’s preparation, as you may influence the jury through emotional appeal and garner sympathy.

The Mechanics Of A Jury Trial

This type of trial is the kind of trial you see on TV show dramas, where there is a box of people who are to be present in court and listen to both the Plaintiff and the Defendant’s facts, accusations, defenses, and closing arguments and they get to deliberate over the crime. They determine the defendant’s guilt or innocence regarding the charged crime.

Although dramatized television shows make this part of the court trial more glamorous and seemingly more fast-paced than it is in real life. In reality, you never really know how long a jury case will take. It can take one, two, three days, a week or two weeks, and in some instances, a trial can go for a month. This all depends on what the Plaintiff’s attorney or Defendant’s attorney needs to present to the court and jury, such as each party might have a lot of exhibits, photos, etc.

Understanding jury selection and composition in trials

In order for a jury trial to take place, it has to undergo a juror selection to determine what people are qualified to sit in on the trial. Each district court randomly selects jurors’ names from a list of registered voters and driver’s licenses who live within that district. The selection process helps to create a piece of the community representation regardless of race, gender, national origin, age or political affiliation.

After assembling the jury pool, the court questions the potential jurors to determine their suitability for serving on the jury, ensuring they can judge the case impartially without any pre-existing biases. Unsuitable candidates are then dismissed from jury duty.

In criminal cases, the judge usually composes a jury of twelve individuals and alternates. The judge can allow alternate jurors, swearing them in and seating them close to the main jury throughout the trial. Alternate jurors must attend all proceedings, access the case details equally, and avoid discussing the trial with anyone. They can replace an existing juror if necessary due to incapacity, disqualification, or death.

The role of the judge in a jury trial

The judge at a jury trial will mostly be there to maintain the order of the court and provide guidance and instructions to the jury. The judge will be silent for the entire case unless it is to sustain or overrule an objection. If the judge sustains the objection, it means they agree and disallow the question, testimony, or evidence. If the judge overrules the objection, it means they allow the question, testimony, or evidence to be heard.

Once the case and all the evidence are presented and both parties end with their closing statements. The jury will go into something called deliberation; this is the process of deciding if the defendant is guilty or not guilty. No one associated with the trial can contact the jury without the judges and lawyers. If a jury has a question about the law, they must write a note to the judge, which the judge will read in court with all parties presented.

After a verdict has been reached, the jury will notify the judge, the lawyers and the defendant in open court.

The Workings of a Bench Trial

If you waive your right to a jury trial, it’s solely based on your and your defense attorney’s strategy. You’re the only one who can waive this right. While your attorney can advise on the pros and cons, the decision ultimately rests with you. It’s important to remember that a bench trial isn’t constitutionally guaranteed. Although you can waive your right to a jury trial, the prosecutor or judge may reject this, leading to a jury trial. As each case varies, the optimal trial choice differs case by case.

In this trial format, the judge replaces the jury as the sole arbiter of evidence and delivers the verdict. Both the defendant’s attorney and the prosecuting attorney begin with their opening statements, offering concise accounts of the case without emotional appeal, given the judge’s role as a fact finder. In some instances, the judge may opt to skip opening statements altogether.

After the opening statement, prosecutors present their evidence, followed by cross-examination by the defendant. The defense attorney presents evidence and testimonies next, with the prosecutors given the opportunity for cross-examination. The judge ensures a fair trial, acting as a fact-finder and addressing procedural and evidentiary issues as they arise.

They ensure the evidence presented aligns with discovery requirements, showcasing evidence for the defense’s preparation. Following the evidence presentation, the trial progresses to the verdict. Closing arguments may be omitted if deemed unnecessary. The judge deliberates on the evidence and announces the ruling, potentially deferring the decision until after the trial.

The Pros And Cons Of Jury vs. Bench Trial

In a jury trial, jurors, typically from your district, can be influenced by emotions, making them susceptible to sway despite the expectation of impartiality. This susceptibility opens up the possibility for a defense strategy that appeals to their emotions to be effective. Another advantage can be that if you lose your case in a jury trial, you have more grounds to appeal your case than in a bench trial.

A good advantage of a trial by jury is there may be a chance of mistrial due to the jurors not being able to reach a unanimous verdict. A mistrial ends the trial, allowing the prosecutor to retry the defendant. However, it also implies a weak case, potentially leading to the dismissal of charges. An advantage of jurors is they provide greater protection to the defendant, as the prosecutors will need to convince all jurors the defendant is guilty beyond a reasonable doubt.

The pros and cons of jury trials versus bench trials

The disadvantage of a jury trial is jurors can be swayed too easily because of their emotions, although yes, this is a con, it can also play badly if the prosecuting party sways the jurors in their favor. Jurors can also be unpredictable, as the more complex a case gets, the more of a risk you run with jurors misunderstanding critical aspects of the case, like evidence, the burden of proof, or even the judge’s instructions. A disadvantage of jury trials is they can be costly, as they can run for a long time. Some jury trials can last as little as a week or as long as a couple of months; this can be money-consuming and hard for defendants to afford.

An advantage of a bench trial is that there is no jury, it can feel less intimidating. Also, bench trials tend to move a lot quicker than jury trials because there is no jury process for a bench trial. It is also possible to schedule the trial sooner and this can also make bench trials a lot more cost-effective than a jury trial. A judge is a more neutral party than a jury made up of regular people thus, they can stay impartial and can focus on information relevant to the case.

Comparing judge vs. jury trials: pros and cons

Additionally, judges, with their proficiency in complex laws, understand intricate cases better than a group of jurors. This is an advantage when having to deal with science, numbers or expert witnesses who give testimonies that can be hard to keep up with or may even bore a juror into not fully paying attention.

The disadvantage of a bench trial is only the judge decides, whereas, in a jury trial, a prosecutor must convince all or the majority of jurors that you are guilty. This is a lot easier when a prosecutor must convince only the judge you are guilty. Another disadvantage is the judge knows all the evidence, even evidence, that was inadmissible during the discovery part of the trial. No matter how neutral they want to be, they can let disregarded evidence color their perspective a bit.

Conclusion

Grasping the various types of trials is crucial for everyone involved in the criminal justice system, from defendants and attorneys to observers. Each trial format—be it a bench trial or a jury trial—has its own set of procedural rules, strategic considerations, and potential results. It’s important to evaluate the benefits and drawbacks of each format to make well-informed decisions that fit your particular situation. Understanding these differences allows individuals to navigate the legal process more effectively and work towards achieving the most favorable outcome in their case.

Need Help? Call Us Now!

Do not forget when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side to help you build the best defense case for you. We will explain everything you need to know about which trial type suits your case best. Therefore, do not hesitate to call us if you find yourself or someone you know who is facing criminal charges unsure about the court system. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain to you the result of the charge and guide you in the best possible way.

At the Law Office of Bryan Fagan, our professional and knowledgeable criminal law attorneys specialize in crafting a defense tailored to your needs, aiming for the best possible outcome in your favor. Also, we offer free consultations at your convenience, you can choose Zoom, phone or in person and we will provide you with as much advice and information so you can have the best possible result in your case. Call us today at 281- 810-9760.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.