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 that take place in Hawaii’s criminal courts. In a bench trial, the judge acts as both the judge and the jury. The judge will hear the evidence presented by both sides and decide whether the defendant is guilty or not guilty. This type of trial is typically quicker than a jury trial. In a jury trial, a group of citizens are selected to act as the jury. The jury will hear evidence presented by both sides and then decide the verdict. Their decision is based on their interpretation of the law. In Hawaii, juries usually consist of 12 jurors, though this can vary depending on the case. The main difference between a bench trial and a jury trial is that the judge makes the decision in a bench trial, while the jury makes the decision in a jury trial. Generally, the jury is more likely to side with the defendant, so a jury trial may be preferred by the defendant. However, the judge is less likely to be influenced by bias, so if the case relies on complex legal issues, a bench trial may be better.
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