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Can a “bench trial” be fairer than a jury trial in Nevada?

Possibly. There is no way to predict the outcome of any Nevada trial, but in some cases having a judge instead of a jury act as the trier of fact may render a more favorable verdict for the defendant.

Like it sounds, a bench trial in Nevada is where the presiding judge and not a jury renders a verdict. Everyone charged with a crime is entitled to a bench trial in Nevada no matter whether the charge is a misdemeanor or felony. Jury trials are available only to defendants who face a possible sentence of more than six months. (2019 UPDATE: People charged with misdemeanor battery domestic violence in Nevada are also entitled to a jury trial.)

It is a generally-held belief in Nevada that a jury of twelve peers can deliver a fairer verdict than a judge who may either be cynical about the justice system, unable to separate the present case from similar past cases, or have a dislike of the defense attorney based on prior dealings. However, there are some circumstances which suggest that a judge would do a more just job than a jury…

If the case involves an emotionally charged issue such as child abuse or sexual assault, a jury may be too overcome with emotion to acquit the defendant even if the facts support his/her innocence. In contrast, a seasoned Nevada judge has considerable experience presiding over disturbing cases and may easily suspend his/her emotion in order to accurately apply the facts to the law. Read more about bench trials in Nevada and our article, “Can I write my own jury instructions in Nevada?

About the Author

Picture of Michael Becker

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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