Category: Wisconsin Courts

Are you familiar with the age-old courtroom drama, where lawyers passionately argue their cases in front of a jury of twelve? It’s a scene we often see in movies and television shows, but did you know that not all trials involve a jury? In fact, there is another type of trial known as a bench trial, where the judge takes on the role typically played by jurors. If you’ve ever wondered about the differences between these two types of trials and how to choose which one is right for your case, read on. In this blog post, we will discuss the key distinctions between bench trials and jury trials and provide insights to help navigate this important decision.

What is a Bench Trial?

In essence, during a bench trial, it’s up the judge to make all critical decisions regarding law interpretations and factual determinations based solely on presented evidence and arguments from both parties involved. Some may argue that this puts immense power into one person’s hands; others may see it as an efficient way to streamline complex cases without relying on diverse opinions.

What is a Jury Trial?

A jury trial is a court proceeding in which a jury makes a decision about a case. The jury is made up of ordinary citizens who are chosen to serve on the jury by the court. The judge presides over the trial and instructs the jury on the law, but it is the jury that decides whether the defendant is guilty or not guilty.

Key Differences Between the Two

When it comes to deciding whether to have a bench trial or jury trial, there are a few key differences to keep in mind. For one, in a jury trial, a group of peers will hear the evidence and decide the verdict, whereas in a bench trial, the judge will serve as both the finder of fact and law. Additionally, jury trials tend to be more formal than bench trials, as they require more extensive questioning of witnesses and longer closing arguments. Jury trials are typically more expensive than bench trials since they require more resources.

Pros and Cons of Each Trial Type

When it comes to choosing a trial type, there are two main options: bench trials and jury trials. Both have their own pros and cons that you should consider before making a decision.

Bench Trials Pros

Generally speaking, bench trials tend to be shorter than jury trials. This is because there is only one judge hearing the case rather than a panel of jurors. Bench trials also tend to be less expensive than jury trials, as they require fewer people and resources. Another pro is that because the judge is the only one who decides the outcome of the case, there is generally more control over the outcome of a bench trial. Finally, some people feel that bench trials are fairer than jury trials, as jurors may be influenced by their personal beliefs or experiences.

Bench Trial Cons

The disadvantage of having a shorter trial is that there is less time for both sides to present their case. Additionally, because the judge is the only one making a decision in a bench trial, some people feel that this can lead to bias or partiality. For these reasons, some people prefer to have a jury of their peers decide their case rather than a single judge.

Jury Trials Pros

Jury trials tend to be more thorough than bench trials, as there are multiple jurors who must come to an agreement on the outcome of the case. Furthermore, this agreement must be unanimous, which ensures that both sides receive fair consideration. Having a jury of peers decide a case can also provide more assurance that justice will be served.  Additionally, juries may be better equipped to evaluate complex cases, as they are not experts in law like judges are.

Jury Trial Cons

Jury trials tend to take much longer than bench trials and require more resources. This can increase the cost of having a trial significantly. Additionally, because jurors must come to an agreement unanimously on the outcome of the case, this can lead to long deliberations and deadlocks. Furthermore, jury selection can often take up a large portion of time during trial preparation and may result in bias or prejudice towards one side of the case. Lastly, some people feel that jury trials are too unpredictable, as there is no guarantee that the jurors will reach an agreement in the end.

How to Choose the Right Trial for Your Case

The choice of whether to have a bench trial or a jury trial is an important one. The key difference between the two is that in a bench trial, the judge renders the verdict, while in a jury trial, it is a group of jurors who decide the case. There are pros and cons to both types of trials, and the best option for you will depend on your specific case. Here are some things to consider when making your decision:

  • The severity of the crime
  • The amount of evidence
  • The complexity of the case
  • Your personal preference

Contact a Wisconsin Criminal Defense Attorney

Bench trials and jury trials are both important parts of the American justice system, offering different advantages and disadvantages depending on your situation. Understanding the key differences between these two types of trials will help you make an informed decision about which one is right for your case. Ultimately, it’s up to you to decide whether a bench or jury trial is best for your purpose, but considering all of the factors involved can help ensure that you choose wisely. If you’re wondering whether you should choose a bench or jury trial, it’s best to consult an experienced criminal defense attorney.

 

Cases are being pushed months, even years, behind due to the public defender shortage in Wisconsin. Experts say it will take years to overcome the pileup of cases within the Wisconsin courts.

Why is This Happening?

Public defender pay has remained unchanged for many years, although the amount of work demanded from them has only increased. According to data provided by Wisconsin’s public defender’s office, the number of cases sitting on the desks of public defenders was 32,000 before the pandemic and is now 64,000 as of May this year. SPD spokesperson Wilson Medina states, “This is unsustainable and can potentially jeopardize the constitutional rights of our clients throughout the state.” In addition, the pandemic caused many counties to put jury trials on hold due to public health and safety concerns. Many prosecutors, judges, and attorneys feared the upcoming pileup we are now experiencing.

The Struggles of The Defendants

The defendants are not unharmed by the backlog. Some of them are in jail for months while waiting for their case. Others are losing residences and jobs. The issue is larger than it seems.

How Will This Be Fixed?

Since public defender pay remains too low for people to desire to work in this field, the first step to solving this dilemma is to increase funding for public defenders. This would encourage more young lawyers to become public defenders rather than working for a private firm. Since public defenders are so overbooked, it is hard to find enough of them who are qualified for the more complex cases such as shootings, homicides, or reckless driving. A change must occur. With the current status of the pileup in cases, it could take the court system years to get through the cases they already have.

One way to avoid becoming a victim of the backlog is to hire an experienced criminal defense attorney of your own. The protection of your rights, reputation, and future is too important to be delayed.

Your attorney's experience can make all the difference when your future is on the line. Learn how attorney Jeffrey Kippa can help you move forward.

Call 920-733-1100