Is It Best To Choose a Jury Trial or Trial By Judge In My Criminal Case?

In Illinois, a criminal defendant has the right to a trial by jury or a bench trial. Both types of trials have their advantages and disadvantages, and it's important to understand the differences before deciding which type of trial to pursue. In this blog, we'll explore the difference between a jury trial and a bench trial in Illinois, including the selection of a jury, the presentation of evidence, the role of the judge, and the rendering of a verdict.

Jury Trial

A jury trial is a legal process in which a defendant is tried for a criminal offense before a jury of their peers. The jury is made up of citizens who are selected to serve on the jury through a process called voir dire. The jury is responsible for weighing the evidence and rendering a verdict in the case.

Jury Selection

The first step in a jury trial is the selection of jurors. Jurors are selected through a process called voir dire, during which the attorneys for both sides question potential jurors to determine if they are suitable to serve on the jury. The goal of voir dire is to select a fair and impartial jury that can weigh the evidence and render a fair verdict.

Presentation of Evidence

After the jury is selected, the trial begins with opening statements from the attorneys. The prosecution goes first, and presents their case against the defendant. The defense then presents their case and explains why the defendant should not be found guilty. During the trial, both sides present evidence and call witnesses to testify. The jury must weigh the evidence and determine whether the prosecution has proven their case beyond a reasonable doubt.

Role of the Judge

In a jury trial, the judge's role is primarily to ensure that the trial is conducted fairly and that the law is applied correctly. The judge may rule on objections to evidence or testimony and may instruct the jury on the law that applies to the case.

Rendering of a Verdict

After all the evidence and testimony has been presented, the attorneys for both sides make their closing arguments. The prosecution argues why the defendant should be found guilty, while the defense argues why the defendant should be acquitted. This is the final opportunity for the attorneys to make their case to the jury before they begin deliberations. After the jury deliberates, they will render a verdict. If the jury finds the defendant guilty, the judge will set a date for sentencing. If the jury finds the defendant not guilty, the defendant is acquitted and released.

Advantages of a Jury Trial

One of the advantages of a jury trial is that the defendant is judged by a group of their peers rather than a single judge. This can provide a wider range of perspectives and can ensure that the defendant is judged fairly. In addition, jurors may be more sympathetic to the defendant's case than a judge would be.

Another advantage of a jury trial is that the burden of proof is on the prosecution to prove their case beyond a reasonable doubt. This means that the defendant has a greater chance of being acquitted if the prosecution is unable to meet this burden.

Bench Trial

A bench trial is a legal process in which a defendant is tried for a criminal offense before a judge. The judge is responsible for weighing the evidence and rendering a verdict in the case.

Selection of a Jury

In a bench trial, there is no need to select a jury. The trial is conducted solely before a judge.

Presentation of Evidence

After the trial begins with opening statements from the attorneys, the prosecution presents their case against the defendant. The defense then presents their case and explains why the defendant should not be found guilty. During the trial, both sides present evidence and call witnesses to testify. The judge must weigh the evidence and determine whether the prosecution has proven their case beyond a reasonable doubt.

Role of the Judge

In a bench trial, the judge's role is to weigh the evidence and determine whether the prosecution has proven their case beyond a reasonable doubt. The judge may also rule on objections to evidence or testimony and may instruct the attorneys on the law that applies to the case.

Rendering of a Verdict

After all the evidence and testimony has been presented, the attorneys for both sides make their closing arguments. The prosecution argues why the defendant should be found guilty, while the defense argues why the defendant should be acquitted. This is the final opportunity for the attorneys to make their case to the judge before the judge renders a verdict. The judge may find the defendant guilty or not guilty, and if the defendant is found guilty, the judge will set a date for sentencing.

Advantages of a Bench Trial

One of the advantages of a bench trial is that the trial can be conducted more efficiently than a jury trial. There is no need to select a jury or to wait for the jury to deliberate on a verdict. The trial can be conducted more quickly, which may be beneficial to the defendant.

Another advantage of a bench trial is that the judge is an experienced legal professional who is familiar with the law and the legal system. The judge may be better equipped to weigh the evidence and determine whether the prosecution has proven their case beyond a reasonable doubt.

Choosing Between a Jury Trial and a Bench Trial

Choosing between a jury trial and a bench trial is a decision that should be made in consultation with an experienced criminal defense attorney. The attorney can evaluate the strengths and weaknesses of the case and provide guidance on the best course of action.

In general, a defendant may choose a jury trial if they believe that a group of their peers will be more sympathetic to their case. A defendant may choose a bench trial if they believe that a judge will be more likely to weigh the evidence fairly and apply the law correctly.

Conclusion

In conclusion, the difference between a jury trial and a bench trial in Illinois is significant. A jury trial involves a group of jurors who weigh the evidence and render a verdict, while a bench trial involves a judge who weighs the evidence and renders a verdict. Each type of trial has its advantages and disadvantages, and it's important to choose the right type of trial based on the circumstances of the case. By working with an experienced criminal defense attorney, defendants can make an informed decision about whether to pursue a jury trial or a bench trial and can maximize their chances of achieving a positive outcome.