2.2 Bench Conferences and Recesses refer to a specific type of court procedure in which the judge and lawyers involved in a case are able to communicate privately with one another, outside the presence of the jury and other members of the public. There are two primary types of 2.2 Bench Conferences and Recesses: a bench conference and a recess. A bench conference is a type of private conversation between the judge and the lawyers involved in a case. It is typically used to discuss issues related to the case such as possible rulings, evidentiary decisions, or procedural matters. The judge may also use a bench conference to provide instructions to the lawyers or to ask questions. A recess is a brief break taken to allow the attorneys, witnesses, and court personnel to have a break, regroup, and discuss any matters related to the case. During a recess, the judge may also discuss the case with the attorneys. Depending on the nature of the case, a recess may last anywhere from a few minutes to several hours. In both types of 2.2 Bench Conferences and Recesses, the conversation is conducted between the judge and the attorneys involved in the case, without the presence of the jury or the public. This is done to ensure that the proceedings remain confidential and that any confidential information discussed is not made public.
2.2 Bench Conferences and Recesses
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FAQ
jury trial is typically a far less formal hearing and the necessity for opening statements, closing arguments, and trial dramatics are reduced. Your lawyer will also be able to make a determination about whether a particular judge is likely to find you guilty or not guilty.
The main factor in choosing a bench trial over a jury trial is that you and your lawyer think a judge is more likely to find you not guilty than a jury.
An attorney may approach the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot. An attorney or juror must obtain permission from the judge to approach; e.g. "your honor, may I approach the bench?" For example, in People v.
Judges are unbiased. One reason for choosing a trial by judge over a jury trial is that judges are not biased and are significantly less inclined to let their emotions affect the outcome of a case. It is their responsibility to put their personal feelings aside and only look at the facts of the case.
Defendants in a criminal trial also have a constitutional right against self-incrimination. This means that the government cannot force someone charged with a crime to say something that may incriminate themselves. To take advantage of this right, however, defendants must choose not to testify.
Serious Offenses Only ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand?petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case based on what is presented to them during the proceedings. At the end of a trial, the judge instructs the jury on the applicable law.