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As defined at USLegal.com:

"Bench Trial is a trial conducted before a judge without a jury. In such trials, the judge decides both questions of facts and questions of law. Whereas, in a jury trial questions of facts are determined by the jury and only questions of law are decided by the judge. The rules of evidence and procedural methods are the same in both. Specific procedure for bench trial is determined by the applicable state code. Bench trials are often faster than jury trials because time spent on selecting and instructing a jury can be spared. The defendants may waive their right to a jury trial and may opt for a Bench Trial. However, it is important to recognize that both the defendant and the prosecution have the right to present their case to a jury."

However, having the right to a jury trial and being able to afford it (in terms of both money and/or time) are two very different things. This is true not only for the private parties going to court for a civil or criminal matter, but it is also true of the local, state, and federal court systems. As a result, even more cases are not going to juries for decisions.

The result is that, unfortunately, an almost impossible burden is being placed on judges all over the country - and it's getting worse by the day. Simply put, it is all but humanly possible for a judge to even read all the papers in a given case - never mind determine all the contested facts in a case and then apply the applicable laws to those facts in order to reach a decision. And that's exactly what a judge has to do in every bench trial.

Then, as if this situation is not wreaking enough havoc in courthouses across the country, legislatures and "rule-making authorities" at all levels of government are forever making new laws and changing the rules faster than anyone can keep up with them.

This is another national crisis in the making.

- Ed Smith, Publisher
The EHS Letter Manual