What circumstances if any might lead you to ask for a bench trial to have a judge make a finding about criminal charges stemming from use of force in self-defense, as opposed to trying the case before a jury? What rationale drives your preference for a jury trial or for a bench trial?
The question regarding whether to waive the right to a jury trial in favor of a bench trial will depend on the facts and circumstances of the particular case–to include the identity of the presiding judge. First, in most self-defense cases, the jury will be the “fact finder” and determine whether you have a valid self-defense claim. The right to a jury trial in a felony case is absolute.
Interestingly, even though you have a right to a jury trial, you do not have a right to a bench trial in a felony case as any waiver of a jury trial will only be effective with the consent of the prosecutor and court. Indiana law is clear that any waiver of a jury trial by you must be fully informed and voluntary. You also have a right to a jury trial in misdemeanor cases, if requested in a timely manner.
In a bench trial, although most of the process will be identical, there are some important distinctions about the conduct of your trial. Here are some potentially important distinctions to consider when contemplating waiver of a jury trial. In a bench trial, there will be no voir dire (questioning of prospective jurors) that might allow you to get a more sensical jury amenable to the notions of self defense–as opposed to the potential negative inclination some judges might have to even justified self defense. You will certainly not be allowed to voir dire the judge in a bench trial, but the judge’s track history will be your guidepost. You also will not be able to sequester the trial judge if there is significant publicity. Although the majority of judges might be able to filter out media reports as influential sources of information, some may not.
Another factor in a bench trial will be that you will not necessarily be allowed to appear at trial without physical restraints. We hope this would not make a difference, but it may have some bearing on the judge. One other factor to consider is that the prosecutor may not make an opening statement for a bench trial – that may or may not be an advantage for the prosecution. Perhaps the most interesting possibility you relinquish with a bench trial is the possibility of jury nullification.
Indiana has the distinction of being only one of a very few states that have state constitutional provisions that provide for jury nullification. One case in Indiana explained nullification this way: “the right of the jury to return a verdict of not guilty despite the law and the evidence where a strict application of the law would result in injustice and violate the moral conscience of the community.”
Ultimately, you, with input from your legal team, will have to make a determination whether you want a jury of your peers to resolve factual disputes regarding your self-defense case or if you want a particular judge to consider the evidence and make factual determinations in light of the judge’s “common experiences and knowledge acquired during a lifetime.” Obviously, this will be very dependent on the particular judge and the demographics that will supply the jury pool.
Originally published at https://armedcitizensnetwork.org/en/march-2019-attorney-question
