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

A bench trial and a jury trial are both types of trials in Florida criminal procedure. The biggest difference between them is who hears the evidence and makes the decision as to the guilt or innocence of the defendant. In a bench trial, a judge alone will hear the evidence presented by both the prosecution and defense and will decide on the verdict. Because it is the judge alone who makes the determination of guilt or innocence, the decision in a bench trial is quick and usually made shortly after the trial ends. In a jury trial, a panel of jurors will hear the evidence presented by both the prosecution and defense and decide on the verdict. The jury must reach a unanimous decision, meaning all jurors must agree on the defendant’s guilt or innocence. Because all jurors must be in agreement, jury trials can take longer to reach a verdict as the jurors discuss and debate the evidence. In Florida, the defendant has the right to request either a bench trial or a jury trial. Depending on the circumstances of the case, the defendant may choose the trial type that is best for them.

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