This course explores the nuanced differences between bench and jury trials from the perspective of judges and practicing attorneys. Participants will gain insights into strategic decisions related to trial type selection, preparation nuances, and presentation techniques that vary significantly between bench and jury trials. Through discussion led by New York State Supreme Court Justice David Kirschner, the course delves into how attorneys can effectively tailor their approaches depending on the trial format. Real-world examples and statistical insights provide a comprehensive understanding of the dynamics at play in different trial settings.

Topics discussed:

• Strategic Decision-Making Between Bench and Jury Trials:
  • Factors influencing the choice between bench and jury trials.
  • Statistical insights on the frequency of bench vs. jury trials at different jurisdictional levels.
• Preparation and Approach for Bench vs. Jury Trials:
  • Different preparation strategies tailored to the audience (judge vs. jury).
  • The impact of attorney personality and presentation style in different trial settings.
• Presentation of Evidence and Legal Arguments:
  • How evidence and legal arguments are presented differently in bench trials compared to jury trials.
  • The influence of these differences on judicial rulings and the progression of trials.
• Plea Bargains and Trial Dynamics:
  • Discussion on the likelihood and strategy of plea bargains in bench trials versus jury trials.
• Role of Jurors and Judges:
  • The influence of jurors in the outcome of trials and how their perceptions are managed.
  • Insights into judges’ perspectives on trial management and decision-making.
• Legal Formalities and Procedural Differences:
  • How legal formalities such as opening statements, objections, and motion arguments differ in bench versus jury trials.