What Is a Bench Trial in Michigan?

When most people think of a criminal trial, they picture 12 jurors listening to the evidence, deliberating, and making a decision. But that is not the only option in a Michigan criminal case. In most cases, a defendant can choose a bench trial and ask the judge, rather than a jury, to hear the evidence and decide whether they are guilty.

Choosing a bench trial in a criminal case means giving up a fundamental constitutional right, and it is not a decision to enter into lightly. A criminal defense attorney can help you evaluate whether your case would be better suited to a bench trial and explain the potential advantages and drawbacks of a bench trial in Michigan over a jury trial.

Key Takeaways:

• A bench trial in Michigan is a legal proceeding in which the judge acts as the sole decision-maker, deciding the facts of the case and applying the law. There is no jury, no jury selection, and no jury deliberation.
• Defendants in Michigan criminal cases have a constitutional right to a jury trial. Requesting a bench trial requires a knowing, voluntary waiver, and the prosecutor’s consent.
• The burden of proof and rules of evidence are the same in a bench trial and a jury trial.
• Choosing a bench trial can be a strategic decision in some criminal cases, but the decision should be made in consultation with an experienced criminal defense attorney.

What Is a Bench Trial?

The best way to understand a bench trial in Michigan is by comparing it to a jury trial. In a jury trial, the judge and jury have two separate functions. The jury serves as the “fact finder,” listening to the evidence and deciding what happened (the facts of the case). The judge oversees the trial, rules on whether evidence is admissible, and instructs the jury on the applicable law. In a Michigan criminal case, there are 12 jurors in a felony circuit court case, and 6 jurors for misdemeanor cases heard in district court.

There is no jury in a bench trial. The judge listens to the evidence, makes findings of fact, rules on legal issues, and applies the law. The same rules and procedures apply in a bench trial as in a jury trial, and the prosecutor still must prove their case beyond a reasonable doubt. The pace is often faster in a bench trial because there is no time spent on jury selection or instructing the jury on the law.

Understanding Your Right to a Jury Trial

The right to a trial by jury is guaranteed under the Sixth Amendment to the U.S. Constitution and Article 1 §§14 and 20 of the Michigan Constitution. In Michigan, a bench trial in a criminal case can occur only when the defendant waives the right to a jury trial and the prosecution consents to a bench trial. However, the right to a jury is not guaranteed in every case. Some cases, like those involving civil infractions, do not include the right to a jury trial.

How to Choose a Bench Trial in Your Michigan Criminal Case

Under Michigan law, a defendant may, with the consent of the prosecutor and approval by the court, waive their right to a jury trial. The waiver by the defendant must be in writing and filed with the court, and can only be made after the defendant has had the opportunity to consult with legal counsel.

What Happens During a Bench Trial in Michigan

The procedure for a bench trial is almost identical to a jury trial, except there is no jury selection and no jury deliberation. The stages of a bench trial in Michigan are as follows:

• Pretrial Meeting with the Judge. The lawyers meet with the judge for a final attempt to resolve the matter and to discuss the logistics of the trial, such as how many witnesses each side expects to call, how long the trial is expected to last, and rulings on any outstanding evidentiary issues.
• Opening Statements. The attorneys make their opening statements, which are short, plain statements about what they expect the evidence to show. Strategically, the opening statement in a bench trial is often shorter, with less courtroom theatrics and a more direct, professional approach focused purely on the core factual and legal disputes.
• Prosecution’s Case-in-Chief. The prosecutor calls and questions witnesses, and the defense attorney can cross-examine them. The judge can also question a witness directly. While a judge knows to disregard evidence that might be improper or prejudicial, evidentiary disputes often play out differently than they would in front of a jury.
• Defendant’s Case-in-Chief. Once the prosecutor finishes their case, the defendant can call witnesses and present their case-in-chief. Defense witnesses can be questioned by the prosecutor and the judge, just like during the prosecutor’s case-in-chief.
• Rebuttal Witnesses. The prosecution bears the burden of proof beyond a reasonable doubt and can call rebuttal witnesses. Once again, the defense attorney can cross-examine rebuttal witnesses.
• Closing Arguments. Once all the evidence has been presented, the lawyers make closing arguments that summarize the evidence and ask the judge to rule in their client’s favor. Compared to a jury trial, the tone is more reserved and focused on technical legal arguments and case law without courtroom theatrics.

Understanding how a bench trial unfolds and how it differs from a jury trial is essential for a defendant who is considering a bench trial versus a jury trial.

Potential Advantages of a Bench Trial

A bench trial in Michigan can be well-suited to cases involving technical legal defenses or complex evidence. A judge is less likely to be swayed by emotionally charged evidence, a potentially inflammatory situation, or bias a juror might hold against a defendant or a defense theory. Bench trials tend to move more quickly and can cost less, as there is no need to call and question jurors. Because an appellate court will presume a judge considered only proper evidence, evidentiary disputes may play out more loosely.

Potential Disadvantages of a Bench Trial

Waiving a jury trial makes sense in some situations, but it is not without risk. A bench trial is decided by a single person, the judge, who might view a particular situation or defense theory with skepticism. A judge already knows about evidence that was declared inadmissible and, while the law presumes they will disregard it, this information could subtly influence the judge’s ruling. Finally, a bench trial in Michigan foregoes focusing on the jury’s sympathy and community judgment, focusing instead on a more rigid interpretation of the facts and application of the law.

How an Experienced Criminal Defense Attorney Can Help

Deciding whether to waive a jury in a criminal case is one of the most important decisions a defendant can make, and it is not one you should make on your own. Michigan criminal defense attorney Robert Elmen can help you decide whether a bench trial might be strategically advantageous in your situation.

Elmen Legal is located in Ann Arbor and represents individuals charged with crimes throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.