What is the difference between a jury trial and a bench trial?
The difference between a jury trial and a bench trial in North Carolina is the amount of decision-making power that is vested in a judge versus the number of citizens who take part in the decision-making process. In a jury trial, a group of ordinary citizens (called a jury) are asked to weigh the evidence presented in the trial and decide if an accused person is guilty or not guilty of the crime. In North Carolina, the jury must reach a unanimous decision in order for the court to accept the verdict. In a bench trial, the decision-making power is vested solely in the judge. The judge listens to the evidence presented in the trial and determines if the accused person is guilty or not guilty. The judge does not need to reach a unanimous decision as the jury does in jury trials. Both jury and bench trials are used in civil law cases in North Carolina. Generally, bench trials are used when the facts of a particular case are straightforward and the parties involved agree that a jury trial is unnecessary. Jury trials are usually used in cases where the facts of the case are more complex or are in dispute.
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