In some cases yes, it can be a good idea to waive your right to a jury trial. If you choose to do so, the judge would hear the evidence and issue the verdict at your trial, rather than a jury. This is known as a bench trial. Discussing this option with your defense lawyer is extremely important.
When waiving your right to a jury trial may be a good idea
Some of the factors that may make it a good idea to waive your right to a trial by jury are:
- you have a criminal history that could make the jury more likely to convict you,
- your appearance may make someone think that you are a criminal, like if you have lots of tattoos that you cannot cover up,
- the judge on your case has a reputation for leniency or sympathy, or for having a lack of trust in law enforcement,
- the charges against you are for conduct bad enough that it might inflame the jury, like for some violent crimes of domestic violence or a DUI with numerous prior convictions,
- the factual allegations are extremely complex in ways that may confuse jurors,
- your case has gotten local or national news coverage that might make it difficult to find jurors who are unaware of who you are and who have not prejudged you, and
- you would rather have a quicker and less expensive trial.
Additionally, you would waive your right to a jury trial if you take a plea deal or plead no contest to the charges. The plea bargain would skip the trial completely and move forward in the legal system. After the plea agreement, the case would go to the sentencing phase of the criminal court process.
The criminal defense lawyers at our law firm have found that deciding whether to waive your right to a jury trial or not is a huge decision. It may even change the outcome of your trial. It should not be made lightly. You should get the legal advice of your defense attorney before making a decision.
Benefits of a bench trial
If you waive your right to a trial by jury, you would get a bench trial instead. This is when the judge would hear the evidence in your case and decide what happened. There are several benefits in favor of a bench trial:
- the judge will have heard numerous trials in the past, so they are less likely to be manipulated by the district attorney,
- judges are trained in determining what evidence is relevant, overly prejudicial, or on-point,
- even in high-profile cases, bench trials are more private so the facts of the case may be less likely to gain publicity,
- judges are often less likely to get distracted by prejudicial but unimportant evidence,
- judges are usually less likely to rule based on their feelings about your guilt or innocence, and more likely to focus on the legal issues,
- without having to go through jury selection, the costs of the trial will be lower,
- the outcomes of a bench trial are often easier to predict, and
- judges are probably more likely than jurors to take their ruling seriously, as the judge will be solely responsible for your fate and jurors are only hearing your case because they have to.
In some cases, these benefits may outweigh those of having a trial by jury. The criminal defense attorneys at our law office often find that bench trials are better when the facts are on your side, but the jury’s feelings are at risk of being inflamed against you.
Benefits of having a trial by jury
You have a constitutional right to a trial by jury in most criminal cases. According to the Sixth Amendment of the U.S. Constitution:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…”[1]
Some of the benefits of having a trial by jury are:
- you only have to convince 1 of the jurors that there is a reasonable doubt that you are guilty to create a hung jury,
- it is often easier for your criminal defense lawyer to tap into the jurors’ feelings and make them sympathize with you,
- because they have not heard dozens of criminal trials before, jurors may be more likely to empathize with you,
- having numerous jurors deliberating your case can balance out their biases, and
- a jury of your peers may look at you as a member of their community, while a judge typically strives for impartiality.
Depending on the criminal charges and your defense strategy, your jury trial right may be a very important one to invoke.
How to waive your right to a jury trial
Criminal law requires that a criminal defendant’s jury trial waiver must be done voluntarily and intelligently.[2] This often requires:
- signing a written waiver form that clearly states that you are waiving your right to a trial by jury,
- your personal appearance in open court, and
- telling the district court judge that you understand the implications of what you are doing when he or she asks.[3]
Legal Citations:
[1] United States Constitution, Amendment VI.
[2] See Adams v. United States, 63 S.Ct. 236 (1942) and People v. Cunningham, 61 Cal.4th 609 (2015).
[3] See People v. Cunningham, 61 Cal.4th 609, 636 (2015).
