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

In South Carolina, the two primary types of trials are the bench trial and the jury trial. A bench trial, sometimes referred to as a court trial, is a trial in which the judge alone decides the facts of the case and any applicable penalties for guilt. On the other hand, a jury trial involves a panel of jurors who are presented with evidence from both sides, and they are responsible for determining the facts of the case and either convict or acquit a defendant. The main difference between a bench trial and a jury trial is that the sources of the final decision in a bench trial are solely the judge, while in a jury trial, the decision is made by the jury. Bench trials generally come with quicker decisions than jury trials, as the jury needs to discuss and review the evidence in order to come to a verdict. However, bench trials typically carry less weight in terms of sentencing or penalties due to a single decision maker’s opinion of the facts as opposed to a group of people. Overall, each type of trial has unique advantages. A defendant might choose a bench trial for its expediency, while a jury trial is beneficial for those who rely on the notion that the guilt or innocence of a defendant is determined by a group of peers. The decision to pursue one type of trial versus the other ultimately rests on the discretion of the court, unless otherwise requested by the defendant.

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