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

In Delaware criminal procedure, there are two types of trials that can be used to adjudicate an individual accused of a crime: a bench trial and a jury trial. A bench trial is a trial that is presided over solely by a judge. The accused’s guilt or innocence will be determined solely by the judge, who is considered an impartial third-party in the case. The accused has the right to make his or her case to the judge and to call on witnesses, but the judge ultimately makes the decision on the guilt or innocence of the accused. A jury trial is one where the guilt or innocence of the accused is decided by a panel of peers. The members of the jury are randomly selected from the community and from a variety of backgrounds; they must remain impartial and cannot be swayed by personal bias or emotions. The accused has the right to present a case and to bring witnesses forward. Ultimately, it is the jury who decides on the accused’s guilt or innocence. The main difference between a bench trial and a jury trial is who decides the accused’s guilt or innocence. In a bench trial, the judge makes the final decision and in a jury trial, the decision is made by the jury. While both deliver a fair and impartial outcome, the jury trial is often seen as more fair due to the presence and voice of a variety of peers.

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

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