Prosecutors Should Get Say in Bench Trial Decision, Says District Attorney

This year, voters overwhelmingly approved a measure that for the first time will allow bench trials in North Carolina.

A bench trial is when accused felons  have the option to have their case heard before one judge instead of a jury of twelve citizens. North Carolina was the last state to allow bench trials, and some are worried it could open the door to abuse in the court system.

Jim O'Neill is Forsyth County's elected district attorney. O'Neill sees some good in the new law. But he's concerned that alleged criminals can choose a judge while the prosecution has no say in the matter.

“I think you're going to see judge shopping going on, and that's my fear," he says. "Defendants will be trying to get their case heard before a judge that perhaps is more favorable to them.”

In many other states prosecutors can object if a defendant chooses a bench trial. North Carolina's law isn't written that way. It's up to a judge to decide whether or not to accept it. O'Neill says many voters probably didn't know that when they approved the law.

“I can't say with complete confidence that everybody, every voter knew what was contained in that language and what they were voting for," he says. "But I think when you break it down and you say that the defendant gets the opportunity to choose judge or jury and the prosecution doesn't get to say anything, that most people would find that is an unreasonable balance in the system.”

O'Neill says he'd like to see the legislature amend the law to give prosecutors a voice in the process. 

North Carolina's new law does not apply to death-penalty trials. Those must still go before a jury.