Bench trials: Yes
Published October 23, 2014
Editorial by Winston-Salem Journal, October 19, 2014.
This one just makes sense: A proposed constitutional amendment that would give defendants in many cases the right to waive a jury trial, which is now required for felony cases, and be tried by a judge (a “bench trial”). We think the amendment is a good idea.
Defendants in many other states already have the right to a bench trial. Bringing that right here could go a long way toward easing logjams in our crowded criminal justice system, and could thus save money, both in terms of trial time and jail time.
Some worry that defendants might be rushed into plea agreements, but that already happens. It’s on judges, the state and the defense to work all the harder to make sure that doesn’t happen.
Others worry that it could lead to more “judge shopping,” the practice of lawyers shopping for, potentially, the most sympathetic judges to their case. But as Mike Wells, a Winston-Salem lawyer and past president of the North Carolina Bar Association, told our editorial board, judge-shopping will always be a factor, and it can be managed.
Wells, a Journal columnist, said: “This change would lead to justice filled out to the full, the ultimate goal of the criminal justice system, better results for the defendants and the public, and much more judicial efficiency.”
We agree. There are fine arguments to be made for a trial by jury, just as there for a bench trial. Defendants should have the right to choose.
