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

A bench trial and a jury trial are two different types of trials a person accused of a crime can face in California. A bench trial occurs when the defendant waives their right to a jury trial. This means that they have chosen that the decision of their case will be determined solely by the judge, who will act as both the judge and the jury. In a jury trial, the defendant has requested that his or her guilt or innocence should be determined by a group of members of the public. This group of people, known as the jury, will listen to the arguments presented by both the prosecution (the side bringing the charges) and the defense, and decide the outcome of the case. The advantage of a bench trial is that it is typically shorter and less expensive than a jury trial as there are fewer parties involved and the proceedings are simpler. However, there is also a downside to proceeding with a bench trial. The judges in California are known to lean towards the prosecution, meaning that a defendant has less of a chance of being found not guilty in a bench trial. In a jury trial, the jury has the authority to determine the facts of the case using evidence presented and determine whether the defendant is innocent or guilty. This is often seen as a more fair process, as it eliminates a potential bias against the defendant. However, jury trials can also be more expensive and can take longer to reach a verdict due to the complexity of the proceedings.

Related FAQs

What is the difference between probable cause and reasonable suspicion?
What is the process of a jury trial in criminal cases?
What is the role of the judge in criminal proceedings?
What are the rules of the Fourth Amendment in criminal cases?
What is the difference between an acquittal and a dismissal in criminal cases?
What are the constitutional requirements for search and seizure?
What are the rules of double jeopardy in criminal procedure?
What are the rules for hearsay evidence in criminal cases?
What is the difference between voluntary and involuntary manslaughter?
What is the difference between criminal and civil law?

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

Related FAQs

Related Blog Posts