The Meaning of America

In Texas, we have a bifurcated trial system. This means that in Texas, there are potentially two parts to a trial. The first part of a trial in Texas is called “The Guilt/ Innocence Phase” of the trial. If a person is found guilty, then the case moves to the second part of the trial. The second part of the trial is called the “Punishment Phase” of the trial. The Punishment phase of the trial only occurs if the defendant is found guilty in the first phase of the trial.

In Texas, during “The Guilt/Innocence Phase,” the defendant may elect to have either the Judge or the Jury determine whether the defendant is guilty or not guilty.  A Judge trial is called a “Bench Trial”. Historically, defendants were allowed to choose a Bench or Judge trial without any input from the prosecution. The law eventually changed. Now in Texas, a defendant may only have a Bench or Judge trial during the guilt/innocence phase if the State agrees. In other words, the accused does not have an absolute right to a Bench trial on the issue of guilt/ innocence.

A defendant may want to have a bench trial on guilt/innocence for any number of reasons. Likewise, the prosecution may not agree to a bench trial for any number of reasons. This blog discusses why a defendant may want to have a bench trial during the guilt/ innocence phase of a trial.

Pros of a Bench Trial During the Guilt/Innocence Phase of the Trial

• If the Judge is known to be defense-oriented or is considered fair, those would be primary reasons to choose to have a bench trial.
• If the case is extremely emotional and there is a concern that the prosecution may play on the jury’s emotions, that may be a reason to choose to have a bench trial.
• If the case involves complicated technical or legal issues that are part of the defense, that may be a reason to choose to have a bench trial.
• If the defendant is a foreign national or a member of a unique minority and there is a concern that prejudice among the jurors may influence their decision, that may be a reason to choose to have a bench trial.
• If the case involves a lot of negative pre-trial publicity and one thinks the jury will be tainted but the judge may not be tainted, that may be a reason to have a bench trial.

Cons of a Bench Trial During the Guilt/Innocence Phase of the Trial

• If the defense believes the judge is pro-state or anti-defense, then that would be a primary reason not to have a bench trial.
• If the defense involves emotional issues that the defense believes a jury may relate to better than a judge, that would be a reason not to have a bench trial.
• If the defense believes that technically the prosecution may be able to prove its case, but the defense thinks a jury may want to ignore that fact and still acquit because of the equities in the case, that may be a reason not to have a bench trial. This is sometimes referred to as Jury Nullification. Jury nullification occurs when a jury acquits a defendant despite the evidence presented at trial. With a bench trial, there is no opportunity for jury nullification.

Which is Right for You?

Ultimately, the decision to pursue a bench trial versus a jury trial is strategic and should be made in consultation with an experienced criminal defense attorney. Factors such as the strength of the evidence, the complexity of the case, and the defendant’s prior criminal history may all play a role in this decision.

A bench trial may be better if the evidence against the defendant is strong since a judge is less likely to be swayed by emotional arguments or sympathy. However, if the evidence is weak or circumstantial, a jury trial may be better since a jury is more likely to be swayed by these arguments.

A bench trial can have its advantages and disadvantages in Texas criminal cases. While it may be faster and more simplified, it also lacks the benefits of a jury trial, such as a panel of peers and the opportunity for jury nullification. Ultimately, the decision to pursue a bench trial versus a jury trial should be made with the advice and guidance of an experienced criminal defense attorney who can help weigh the pros and cons and develop a strategy best suited for the defendant’s circumstances.