Bench trial

A bench trial is a trial by judge instead of jury. Many defendants in cases involving child pornography or other sex crimes opt for a bench trial, when a bona fide defense exists and their hope is that a judge will put aside his biases and follow the rules better than a jury would. A judge may, for example, have a better understanding of the presumption of innocence and the burden of proof beyond a reasonable doubt. In cases involving complex facts or legal subtleties, a bench trial may be preferred by the defendant. A bench trial will often be less time-consuming, less complex, and more informal than a jury trial.

The American Bar Association advises, "A thoughtful pretrial brief offers a great opportunity for you to educate the judge about your case as well as persuade the judge to view the facts from your point of view" and "The latest decisions rendered by a judge are a roadmap to your success. Essentially, you are handed—free of charge—a substantive and procedural guide to build your case."

In the United States, bench trials are allowed with the consent of both the defendant and the government, but there is no recognized right of the defendant to a bench trial, unless he can show that it would be impossible to select a fair and impartial jury.