Is it better to have a jury trial or a judge?

It depends on many individual factors: the charges, the facts and circumstances underlying the charges, the position of the prosecutor, the record of the judge who will hear it if not jury, and many many other considerations large and small. Some attorneys believe that it is never a good tactic to waive jury, and it is always a difficult decision to let a judge hear the case alone. But sometimes it is the right strategy.

In most every situation in a criminal matter a trial by JURY is the better option. Why? Becuase in a jury trial the prosecution must convince 12 of your peers that you are guilty. In addition, jurors are usually more receptive to emotional arguuments than a judge. Remember, a judge usually is a former prosecutor. In a bench trial where a judge determines the facts you only have one person deciding your fate and that one person in all probability is a former prosecutor.