What is the difference between a bench trial and a jury trial?

A bench trial and a jury trial are two different types of criminal procedure in Hawaii. The main difference between the two is who is responsible for making the decisions in the trial. In a bench trial, the judge acts as the finder of fact. That means the judge listens to the evidence presented in the trial and uses that evidence to decide if the defendant is guilty or not guilty. In a bench trial, the judge also acts as the judge of law, meaning the judge is responsible for deciding if the law was followed. The judge will decide what evidence is admissible and what is not. In a jury trial, the jury is the finder of fact. Unlike a bench trial, jurors are tasked with deciding the verdict based on the evidence presented in the trial. The jury is also responsible for deciding if the laws were followed. The judge is still responsible for deciding which evidence is admissible and which is not. The decision made in both types of trials have the same result, a guilty or not guilty verdict. The primary difference is who is responsible for making the decision. Jury trials are usually more involved and drawn out, while bench trials are usually much quicker. Either way, the defendant is still given the right to a fair and impartial trial.

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