Bench trial

A bench trial is a trial without a jury in which a judge decides the facts and potential punishment.

In a criminal trial, a defendant has an absolute right to have a jury decide whether s/he is guilty and any punishment. A defendant may waive his/her right to a jury trial, but such waiver must be made in open court. An example of such was in several 2016 trials involving Baltimore police officers charged with the murder of a suspect in custody, due to the racial tensions involved none of the officers believed that a fair trial by jury was possible and all requested bench trials; all the officers were subsequently acquitted.

In a civil trial, if either party wishes a jury to hear the case, a fee must often be paid.