You are entitled to a trial when you are accused of a crime. At trial a neutral third party will take the role as fact finder and will hear the evidence each side presents and will then determine if the prosecutor has met their burden of proof as required by law. If this neutral third party determines that the prosecutor has met their burden, you will be found guilty. If this neutral third party determines that the prosecutor has not met their burden, you will be found not guilty. An individual is not compelled to testify against themselves during trial, but they are entitled to be an active participant in the process. There are two types of trial with the difference between the two being who is the neutral third party. This third party can either be a judge or a jury and usually the accused can decide which one they want to hear their case. This page will explain both types of trials.
In a bench trial, the neutral third-party fact finder is a judge. The judge’s duty is to hear the case and if the individual is found guilty of the crime, the judge will determine their punishment. When the accused consents to a bench trial, the judge will listen to the facts and then attempt to answer two questions: 1) did the prosecutor meet their burden of proof to find the person guilty? And 2) If the answer to the previous question is yes, what is the proper punishment for them?
There are many reasons to choose a bench trial and some of those reasons can be tactical. Listed below are five reasons that a bench trial happens.
You should discuss the advantages and disadvantages of choosing a bench trial with your attorney. Below are a few things to think about.
Individuals are always entitled to a complete evidentiary bench trial when they are accused of a crime. Individuals can always hire an attorney to represent them at trial and they cannot be compelled to testify against themselves. However, a bench trial could not be the idea way to protect yourself, an individual can almost always choose a jury trial instead of a bench trial.
In the majority of cases an individual has the right to a jury trial if they so choose and if they preserve that right with the proper paperwork being filed. In Kansas, on any felony an any other criminal case which carries a punishment of more than 6 months in jail, you are entitled to a jury trial. At any time during the case you can request a jury trial, unless you have previously waived that right. If a crime carries a punishment of less than 6 months in jail (“a petty crime”) a jury trial must be requested in writing. If not requested in writing, you could not be allowed to have one. Petty crime cases require you to follow an additional step in order to be granted a jury trial, seek K.S.A. 22-3404;
“The trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant’s counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant.”
The law was clarified in State v. Woolverton. In this case, the court held that, “A misdemeanor domestic-battery offense—punishable by no more than 6 months in jail, a fine of up to $500, participation in and payment for a domestic-violence-offender assessment, and compliance with the assessment’s recommendations—is a petty offense for which there is no constitutional right to a jury trial.” State v. Woolverton, 52 Kan. App. 2d 700, 371 P.3d 941, 942 (2016). Therefore, as long as you do what is required of you, then you will be able to have a jury trial in almost all cases.
There are advantages and disadvantages to a jury trial as well. Below are a few of those reasons.
Depending on an individual’s specific case there could be other reasons they choose to exercise their right to a jury trial. Please note that there are possible disadvantages to having a jury trial, of which a few are listed below.
While determining how to proceed with your case, you should confer with an experienced criminal defense attorney. An experienced criminal defense attorney can give you valuable insight into whether a bench trial or a jury trial would best suit the facts and legal arguments of your case.