A judge uses a gavel. not a hammer, to silence the court. And he/she sits on a bench, not a chair, in case you were wondering.
Aaaaand we’re back! Did you miss us? Of course you did! As we’ve pointed out before, if you’re a legal drama fiend or a who-dunnit addict, then ‘Netflix and chill’ is a fantastic way to spend an evening (or the entire day…. did we say that out loud?) But who wants to watch hours of The Practice and have no idea what’s going on? Nobody, that’s who. So The Kronzek team is here to help you out with a few basic explanations. You’re welcome. Again.
Missed out on our series from the start? No big deal, you can catch up here. However for those of you who happen to remember habeas corpus and nolo contendere, let’s hit the road. Sick of Latin yet? (Seriously, what’s wrong with you guys?) Don’t worry, we’ve got you covered. For this one we’re keeping it simple, straightforward, and English only. Well, …mostly.
Bench trial:
A bench trial is a trial where there is no jury, and the final decision is made by the judge. The bench in bench trial refers to the judge’s seat, which is formally called ‘the bench.’ Bench trials are usually requested by defendants when they believe that a jury wouldn’t actually provide them with a fair trial. What’s that you say? Jurors are required to be fair? True. But there are a few cases where a bench trial may actually give someone a better chance at a fair outcome. For example:
- A trial where the nature of the accusations (like severe child abuse, violent sexual assault or child pornography) may elicit such an emotional reaction from the jury, that it may be difficult for them to reach an unbiased verdict.
- A trial where the facts are very complex, and it will likely involve potentially complicated legal arguments, a defendant may feel that a bench trial is the better choice, because the judge is educated and experienced in considering convoluted information.
Concurrent sentence:
A concurrent sentence is a sentence that it served at the same time as another sentence. For example, if a Detroit man is found guilty of Armed Robbery and being a Felon in Possession of a Firearm, he may be sentenced to two different prison sentences. The general rule in Michigan is that sentences run concurrently and not consecutively. In some instances, the judge would have the choice of sentencing a defendant to serve those two sentences concurrently (which means at the same time) or consecutively (which mean one after the other.) Other times, consecutive sentences are mandatory.
Appellant:
This word has its root in “appeal.” An appeal is the formal request made by someone who lost in court, and now wants a higher court to review the judgment or verdict, to make sure that it was correct. Which means that “appellant” is the person who makes the appeal.
For example, if a woman from Lansing is convicted of First Degree Murder, but she claims to be innocent and says that her court-appointed attorney did a terrible job of defending her (surprise…not really!). She may file an appeal. Hopefully, the Court of Appeals will review her case and rule that she is entitled to another trial with a different attorney. In this case, she would be the appellant.
Join us next time for another dose of our fabulous legal jargon. (Because we know you need your fix!) And this way you can marathon Franklin & Bash episodes with your friends and look like the smartest person in the room. Which you obviously are. Because you read our blog.
If however, you need more than info about legal terms from a good attorney, then call The Kronzek Firm at 866 766 5245. Want a bench trial because your case is complicated? Need to appeal your judgement, or request that the Appeals Court review your concurrent sentence? (See what we did there?) Whatever your legal needs, we are here to help you. Our experienced criminal defense attorneys are standing by to walk you through this process.