Power of Words

I never really understood bench trials or jury trials before taking this class. I always thought that having one person decide your fate is so old fashioned and autonomous. Why wouldn’t you want a panel of 12 citizens deciding your fate instead, where there is room for negotiation? The answer lies within a game of rhetoric. With a jury, a lawyer or prosecutor channels most of their arguments towards the jury. They use ethos, pathos, and especially logos to gain the vote of the jury. Our criminal justice system is not always accurate for decisions are based on how well an argument is presented. A criminal might be set free if they have the best lawyer in town, or, similarly, an innocent person might be but behind bars if the prosecutor won the appeal of the jury. So what are the advantages and disadvantages of a jury and bench trial?

Flikr

With a judge there is typically less emotion involved. They usually deal with technical legal issues that a jury might not be able to understand. The judge serves as both the trier of fact as well as the judge of procedural rulings. All power resides with him/her. Civil legal systems tend to rely more on bench trials rather than jury trials. Child custody and divorce hearings can get very complicated and twisted with a jury, and therefore are most often presented in front of a judge only. Cases in which a prominent individual’s figure might be put at stake (perhaps a senator or a celebrity) are also usually categorized under a bench trial. Juvenile crimes, in which a jury’s emotional appeal for a younger defendant might get in the way of their judgment is usually assigned to a bench trial.

Many times a civil lawsuit will be automatically assigned a bench trial, for it is less time consuming. All the time of sequestering a jury, choosing the individuals to serve on the jury, and informing them of their duties can be saved. However, there are times when a jury trial may benefit the defendant. In many criminal cases there is not always a total agreement of the jury, and the defendant may either be set free or given a favorable plea bargain.  Many times it is not dependent on the logos but the ethos that a lawyer presents to the jury. Ethos plays a major role in jury trials. This is why there is a sequestering and interviewing process before a trial to make sure the choices are as unbiased as possible. Of course there are flaws to each system, but when not abused they work efficiently (in theory).