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

A bench trial and a jury trial are two different types of criminal proceedings in Indiana. A bench trial is a trial before a judge, meaning that the judge decides the facts of the case and the outcome. The defendant will not have a jury of peers deciding the guilt or innocence. A jury trial is a criminal proceeding where the facts of the case are decided by a group of citizens, or a "jury of peers". A jury is composed of 12 ordinary citizens who are randomly selected from the community. All evidence presented in court is heard and evaluated by the jury and the jury makes the final decision on the guilt or innocence of the defendant. Because the jury is made up of ordinary citizens who have no legal training, they are more likely to be sympathetic to the defendant and to consider their individual circumstances. The judge in a bench trial, however, is legally trained and must decide the case on the basis of the evidence and the law. Ultimately, the decision of a jury trial may be more favorable to the defendant than a bench trial.

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