Jury vs. Bench Trials: Why Judges Decide Fraud Cases Solely

Arnold Trump's fraudulent activities in New York came under public scrutiny recently, leading many to question the decision-making process. How was a judge able to rule on these matters unilaterally? Shouldn't a jury decide such cases?

Understanding the Legal Framework: Judge and Jury

From my 42 years as a lawyer and accountant, as well as authoring over 15 Continuing Legal Education (CLE) seminar articles, I can confidently state that the judge is the trier of the law, while the jury is the trier of facts. In many cases, the judge is the sole authority to adjudicate matters, especially when a jury is not requested or granted.

Why a Jury May Not Be Always Feasible

Trump and his legal team rejected a jury trial. This decision is not without precedent. In many cases, especially those dealing with complex legal matters, the judge presides as both the trier of the law and the fact-finder. According to nationwide statistics, more than 95 percent of court trials are bench trials (or trials where the judge decides the verdict).

Republican Response and Misconceptions

Some detractors argue that if there was a jury, New York would have been "pushed into the ocean." However, this statement is incorrect. There was indeed a jury involved. However, it was Trump's decision not to have a jury trial for certain judgments that didn't go his way. The defense could have requested a jury trial, but it often carries significant risks and could be denied for practical reasons.

Why Lawyers Prefer Bench Trials

Despite the risks, many lawyers prefer bench trials. Juries can be unpredictable and may not always understand complex legal issues, making their decisions less reliable. Moreover, jury trials can be much longer and more expensive than bench trials. A case that might take 3–4 days in a bench trial could easily double in duration with a jury.

The Role of Juries

While a jury is composed of 12 ordinary citizens with no relevant background in law, it is essential to consider their role in the legal system. Juries bring a fresh perspective and can provide a sense of community and fairness. However, their decision-making process can also be influenced by emotions and biases, making them less reliable in complex trials.

Preparing a Case for a Judge

Before a bench trial, lawyers must prepare their cases meticulously. They must anticipate every potential injustice and prepare arguments accordingly. The legal defense must present a comprehensive case that would stand in court, leaving no room for error.

Conclusion

Under the current legal framework, judges play a critical role in adjudicating fraud cases and other complex matters. They are the ultimate trier of both the law and the facts. Given the nationwide preference for bench trials and the unpredictability of jury decisions, it is often more practical for judges to decide such cases alone.