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

In South Carolina, a bench trial is a trial in which the judge is the sole trier of fact, meaning they take in evidence and decide the outcome of the trial. This form of trial is less common than a jury trial. A jury trial, on the other hand, is a trial in which the jury listens to the evidence and renders a verdict in the case. In a bench trial, the judge decides all aspects of the case, such as which pieces of evidence are admissible or inadmissible and which witnesses are credible. In a jury trial, the jury makes the decision on which evidence is relevant and credible, and then renders a verdict based on what is heard and seen in court. This means that the judge will not be making any decisions on the case; instead, the jury will be responsible for finding the truth. Bench trials are typically used for lesser criminal cases that do not involve a jury, while jury trials are generally used for more serious criminal cases. In South Carolina, jury trials are typically reserved for felony cases, which are the most serious criminal offenses. Overall, the main difference between a bench trial and a jury trial is that the judge is the sole decision maker in a bench trial, while the jury makes the decision in a jury trial.

Related FAQs

What is a motion to suppress in criminal procedure?
What are the different types of criminal punishments?
What is the exclusionary rule of the Fourth Amendment?
What is the difference between mandatory and discretionary sentencing?
What is the purpose of a preliminary hearing?
What is the difference between a felony and a misdemeanor?
What is the role of a judge in criminal proceedings?
What is the difference between an acquittal and a dismissal in criminal cases?
What are the different types of criminal defenses?
What is the role of the judge in criminal proceedings?

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

Related FAQs

Related Blog Posts