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Topic: Bench trial

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	Bench trial - Wikipedia, the free encyclopedia
		A bench trial in the U.S. is a trial before a judge in which the defendant has waived his/her right to a jury trial.
		For example, the rules of evidence and methods of objection are the same in a bench trial as in a jury trial.
		Bench trials, however, are frequently more informal than jury trials and sometimes evidence is accepted de bene, or provisionally, subject to the possiblity of being struck in the future.
	en.wikipedia.org /wiki/Bench_trial (169 words)

	Jury trial - Open Encyclopedia (Site not responding. Last check: 2007-10-09)
		The jury trial (not to be confused with grand jury proceedings) is a process by which the "peers of the accused" are responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions.
		Trial by jury is rarely used in civil law jurisdictions, although many civil law jurisdictions do have lay assessors.
		Because jury trials tend to be high profile, the general public tends to overestimate the frequency of jury trials.
	open-encyclopedia.com /Trial_by_jury (1145 words)

	[No title]
		Bench trials disposed of 77% of seller plaintiff cases, 72% of rental lease cases and 53% of fraud cases (not shown in a table).
		Trial awards During 1996 plaintiff winners in civil trials were awarded an estimated total of $3 billion in compensatory and punitive damages in the Nation's 75 largest counties.
		Bench trial (non-jury trial): A trial held in the absence of a jury and decided by a judge culminating in a judgment for the plaintiff(s) or defendant(s).
	www.ojp.usdoj.gov /bjs/pub/ascii/ctcvlc96.txt (7404 words)

	ar04-406
		At the conclusion of the trial, appellant was found guilty by the trial judge of non-support, a Class D felony.
		She appealed to the circuit court, and in a de novo bench trial, she was convicted of all offenses except speeding.
		In the present case, appellant's counsel initially asked for a jury trial at the pretrial hearing, and although counsel stated prior to the start of the trial that it was a bench trial, nothing was said about the defendant waiving his right to a jury trial.
	courts.state.ar.us /opinions/2005a/20050223/ar04-406.html (1752 words)

	Mackey v. State (Thornton, J.)
		Appellant consented to a bench trial in the Pulaski County Circuit Court and was convicted of residential burglary.
		State, supra, was limited to the issue whether, at a bench trial, a directed-verdict motion was required to preserve for appeal the issue of sufficiency of the evidence to support a determination of guilt and conviction.
		Continuing on the certification issue, the trial court inquired, "What else?" and the State said the other case was 90-72A which resulted in a bench trial on that theft by receiving charge, a Class C felony.
	courts.state.ar.us /opinions/1997a/970623/cr97-312.html (1461 words)

	No. 90345, In re R.A.B. (Il. S. Ct.)
		In remanding for a new trial, the appellate court stated that there was no written jury waiver in the record and the transcripts of the proceedings were devoid of any mention of respondent's right to a trial by jury.
		The State argued that the defendant understandingly waived his right to a jury trial because the defendant was present during discussions about a bench trial and he did not object when his attorney indicated that he would proceed by way of a bench trial.
		As demonstrated by the previous cases, vague references to a stipulated bench trial by respondent's attorney, the prosecutor, and the circuit court were insufficient to constitute a valid jury waiver.
	www.state.il.us /court/Opinions/SupremeCourt/2001/September/Opinions/Html/90345.htm (2431 words)

	Jury trial -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-09)
		Some jurisdictions with jury trials allow the defendant to waive their right to a jury trial, this leading to a (Click link for more info and facts about bench trial) bench trial.
		The positive belief about jury trials in the UK and the US contrasts with popular beliefs in many other nations, in which it is considered bizarre and risky for a person's fate to be put into the hands of untrained laymen.
		On the day of trial the court (or clerk of the court) convenes a panel of members of the public from whom a jury will be selected.
	www.absoluteastronomy.com /encyclopedia/J/Ju/Jury_trial.htm (1717 words)

	[No title]
		Bench trials terminated 93% of the trial cases in which the United States was a defendant.
		Bench trials decided 93% of the tort trial cases in which the United States was a defendant and 57% of the cases in which the United States was a plaintiff.
		When used as part of these definitions, a trial is defined as "a contested proceeding where evidence is introduced." A trial is considered completed when a verdict is returned by a jury or a decision is rendered by the court.
	www.ncjrs.org /txtfiles/165810.txt (3743 words)

	USCA1 Opinion 04-1745
		Neither Johnson nor his mother testified at the bench trial, nor was any evidence presented at the trial as to Johnson's earlier assertion to Keeler that he had been in his room at home at the time of the shooting.
		He claimed he would have taken the stand at his bench trial, but was unable to do so because of the risk of being subjected to impeachment by the prior statement that could have surfaced during cross-examination.
		Johnson's decision not to call the alibi witnesses in the bench trial seems more likely a tactical one, influenced not by the report's absence but by the view that the more important jury trial was yet to come and that it would be unwise to expose key defense witnesses to scrutiny at an early stage.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=04-1745.01A (5177 words)

	No. 97-0728
		Simpson did not contest the report's conclusion that he was competent to stand trial, and the trial court so found.
		The trial court found that Simpson trespassed on an area in the restaurant that was not open to the public, and that, although he was a former employee, he had no right to be there.
		Given the trial court's superior position to discern nuances from oral testimony, its findings of fact will not be overturned unless they are clearly erroneous.
	www.wisbar.org /res/capp/z1997/97-0728.htm (715 words)

	Drunk Driving Case Laws - Virginia DUI Lawyers
		James Darrell West (appellant) was convicted in a bench trial of one count of aggravated involuntary manslaughter, in violation of Code § 18.2- 36.1, one count of involuntary manslaughter, in violation of Code § 18.2-36, and one count of...
		James Darrell West (appellant) was convicted in a bench trial of one count of aggravated involuntary manslaughter, in violation of Code § 18.2-36.1, one count of involuntary manslaughter, in violation of Code § 18.2-36, and one count...
		Andre Copeland was convicted after a bench trial of possession of cocaine with the intent to distribute and possession of cocaine with the intent to distribute on school property in violation of Code §§ 18.2-248 and 18.2-255.2,...
	www.dui1.com /DuiCaseLawStateVA.htm (2796 words)

	Converted WP file mgr (Site not responding. Last check: 2007-10-09)
		The trial court judge denied the motion for discharge, stating that “my position has always been that if you ask for a jury and the day comes for a jury and you waive a jury all of those days are attributable to you[,]” r.
		The trial court counted the time between Havvard's request for a jury trial on September 25, 1996, and his waiver thereof on May 7, 1997, as delay attributable to Havvard and determined that the December 8, 1997, trial date was therefore within the allowable one year period to bring him to trial.
		However, if he waits until the trial date is set and the prospective jurors have been notified, he should not be allowed the dual benefit of gaining more time prior to trial and having that time count toward the one year period in which the State has to bring him to trial pursuant to Crim.
	www.state.in.us /judiciary/opinions/archive/010503.mgr.html (1801 words)

	Press Release . Communiqué de presse (Site not responding. Last check: 2007-10-09)
		On 4 March 1998 the same Bench of the Appeals Chamber rejected a motion by the Defendant for leave to appeal a decision of the Trial Chamber admitting documentary and videotape evidence.
		In the second decision, rendered on 21 January 1998, the Trial Chamber granted a motion by the Prosecutor for admissibility of documentary seized on the premises of the company "Inda-bau" and for admissibility of three videotapes seized from the apartment of the accused Zdravko Mucic, and two videotapes seized from the premises of "Inda-Bau".
		Trial Chamber would cause such prejudice to the Defence case as could not be cured by the final disposal of the trial including post-judgement appeal.
	www.un.org /icty/pressreal/p304-e.htm (794 words)

	[No title]
		At a bench trial on a plea of "not guilty," appellant was convicted of felony driving while intoxicated and sentenced to thirty-five years imprisonment.
		In a bench trial on a plea of "not guilty," the court must, like a jury, first consider the question of guilt or innocence, then, if guilt is found, punishment.
		Because the trial court continued the trial as if it were a bifurcated proceeding, and because admonishments as to the punishment range were not required in a bifurcated trial, we held that failure to admonish was not reversible error.
	www.cca.courts.state.tx.us /opinions/130399b.htm (1089 words)

	[No title] (Site not responding. Last check: 2007-10-09)
		If the parties agree not to have a jury trial and to leave the fact-finding to the judge, the trial is called a bench trial.
		In contrast to a jury trial, in a bench trial the judge decides the facts and renders the verdict.
		For example, in a discrimination case in which the plaintiff alleged that his or her workplace was a hostile environment, the judge would determine the legal standard for a hostile environment and would then decide whether the plaintiff’s description of events was true and whether those events met the legal standard.
	www.fjc.gov /federal/courts.nsf/f00b0be00045a62a852568200065f69f/c771bbaf552aebd1852568240077a1ae?Navigate&To=Next (166 words)

	Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ... (Site not responding. Last check: 2007-10-09)
		Harmless error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
		Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
		Removal The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.
	www.accidentlawyercalifornia.com /legal_dictionary.html (13605 words)

	Routt v. State - Texas DUI Lawyers
		After a bench trial, the trial court found her guilty and assessed punishment at 90 days' confinement, probated for 18 months, and a fine of $750.
		The judgment contained a recitation that the defendant waived a jury trial, which the Court concluded was "binding in the absence of direct proof of its falsity." Id. Although article 1.13 was violated, the Court held that the defendant was not harmed.
		In the absence of such proof, we presume that appellant was aware of her right to a jury trial and opted for a bench trial.
	www.dui1.com /DuiCaseLawDetail3281.htm (564 words)

	ipedia.com: Trier of fact Article (Site not responding. Last check: 2007-10-09)
		In a jury trial, the jury is the trier of fact.
		In a jury trial, the findings of fact are made by the jury while the judge makes legal rulings as to what evidence will be heard by the jury and what the law will be that governs the case.
		In a "bench trial," or non-jury trial, a judge is the trier of fact.
	www.ipedia.com /trier_of_fact.html (208 words)

	Converted WP file 123118 (Site not responding. Last check: 2007-10-09)
		In their private meeting, defense counsel informed Stevens that the jury trial issue had already been decided by the trial court and, if Stevens were to have a trial, it would be a bench trial.
		The trial court shall not grant a demand for a trial by jury filed after the time fixed has elapsed except upon the written agreement of the state and defendant, which agreement shall be filed with the court and made a part of the record.
		Before and during the bench trial and, again at sentencing, Stevens insisted that his constitutional right to trial by jury was being violated.
	www.state.in.us /judiciary/opinions/archive/123118.jsk.html (2075 words)

	The National Center for State Courts - Home Page
		Jury trials are of particular interest because they require a greater expenditure of resources and impose a greater burden on local citizens (jurors) than do bench trials.
		All cases disposed during or at the conclusion of a bench or jury trial for each case category during the previous year should be identified through automated or manual case records.
		Page 1 of Form 2.1.4a, Civil Jury Trial Settings—Data Collection Form, could be used to collect data on the issue of civil jury or bench trial date certainty.
	www.ncsconline.org /D_research/TCPS/Measures/me_2.1.4.htm (654 words)

	[No title] (Site not responding. Last check: 2007-10-09)
		Gerhardstein}{\expnd0\expndtw-3 141 Wis. 2d 710 (1987).\'94 Simpson's competency to stand trial in this case was raised by his attorney at the return on the bench warrant.
		This, the trial court concluded from the evidence, created a di sturbance and violated \'a7\~947.01}{\scaps\expnd0\expndtw-3, Stats.}{\expnd0\expndtw-3 Accordingly, the trial court found Simpson guilty as charged.
		The bench warrant was issued when Simpson did not appear for a scheduled pre trial hearing.
	www.courts.state.wi.us /ca/opinions/97/97-0728.DOC (748 words)

	Criminal Law - Trial
		However, if a defendant demands a "speedy trial" and the prosecutor is not prepared to proceed to trial, the charges against the defendant may be dismissed.
		A case that goes to trial will be heard by a judge in a "bench trial," or by a judge and jury in a "jury trial." In a jury trial, the judge decides the law, while the jury decides the facts.
		Both the prosecutor and the defendant have the right to demand a jury trial, although prosecutors are usually happy to consent to bench trials.
	www.expertlaw.com /library/criminal/criminal_trial.html (907 words)

	[No title]
		When the state court judge who took Fitzgerald's jury trial waiver fell ill on the eve of trial, another judge of the state court was substituted to conduct Fitzgerald's trial and denied Fitzgerald's request for a jury trial.
		We would never hold that a trial court was constitutionally required to honor a defendant's request for a bench trial before a particular judge.
		To us, their delay reflects an acute awareness both of the possibility of another judge being substituted for the bench trial once they have waived the right to a jury trial and that such a substitution would be permitted by the waiver.
	www.michbar.org /opinions/us_appeals/2002/060602/15211.doc (2872 words)

	Dissenting Opinion by C. J. Davis, State of WV v. Chanze, No. 29810
		At the conclusion of the bench trial, the circuit court affirmed the petit larceny conviction.
		That is, Bergstrom understood that a de novo bench trial in circuit court renders meaningless the underlying magistrate court proceeding.
		In the first described situation, it is necessary to require a new trial in circuit court because the Supreme Court of Appeals cannot conduct a new trial given its limited, rather than general, jurisdiction.
	www.state.wv.us /wvsca/docs/spring02/29810d.htm (1544 words)

	"Bench Trial" Defined
		The 'Lectric Law Library's Lexicon On * Bench Trial *
		A bench trial is another term for a trial before a judge only without a jury.
		In general, the parties begin with the presentation of evidence, although in some cases they make opening statements.
	www.lectlaw.com /def/b013.htm (116 words)

	law.com - Federal Abortion Trial Comes to an End, Decision Soon
		The recently concluded bench trial over the Partial-Birth Abortion Ban Act was not for the faint.
		The trial in front of U.S. District Judge Phyllis Hamilton ended Friday with closing arguments that again focused on differences between surgical procedures used in various types of abortions and on whether Congress or individual doctors should decide what's best for a woman's health.
		Careful listeners at the three-week trial could also note differences in the terms used by plaintiffs and Department of Justice lawyers defending the ban.
	www.law.com /jsp/article.jsp?id=1082131895002 (702 words)

	Disposition Method (Site not responding. Last check: 2007-10-09)
		A bench trial starts when the first witness is sworn.
		For example, if the counter-claim is dismissed, but the original claim goes to jury trial, code the jury trial as the disposition between the parties.
		Cases that go to a jury (or bench) trial verdict, but are settled after the verdict is entered: Code these cases as being disposed by jury (or bench) trial, but note the settlement in the Comments.
	teddy.law.cornell.edu:8090 /methodst.htm (526 words)

	Atlanta,Georgia,11Alive,ATLANTA, Technology, Tech, Software, Gadgets, Money, Business, Consumer (Site not responding. Last check: 2007-10-09)
		Last Modified: 10/27/2003 4:31:58 PM A last-minute change in the trial of hate crime suspect Angela Pischiotta has the prosecution stunned and scrambling.
		Pischiotta and her defense attorneys have been granted a switch from a jury trial to a bench trial, 11Alive learned Monday morning.
		He also recessed trial until 11 a.m., when prosecutors are expected to report on how soon they will be able to ready their witnesses in the case.
	www.11alive.com /help/search/search_article.aspx?storyid=38392 (820 words)

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