What is the difference between a bench trial and a jury trial?
In California, a criminal trial typically requires either a bench trial or a jury trial. In a bench trial, the decision of guilt or innocence is made by a judge. The judge also decides on any relevant sentencing. In a jury trial, the decision of guilt or innocence is made by a jury of twelve citizens appointed by the court. The jury will decide on any relevant sentencing based on the instructions of the judge. In a bench trial, the judge hears evidence and decides guilt or innocence based on the evidence and the law. The judge also acts as a mediator for both sides of the case, and can ask questions of witnesses as needed. In a jury trial, the jury hears the evidence and renders a verdict based upon the evidence and the instructions from the judge. The jury is also tasked with determining any sentencing that may be applicable. The primary difference between a bench trial and a jury trial is who makes the decisions. In a bench trial, the judge is the sole decision-maker, while in a jury trial, the jury makes the decision. However, in both cases, the judge plays a role in the trial, as they are the one who will instruct the jury on the applicable law, and who will oversee the trial proceedings and ensure that all parties are afforded a fair trial.
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