What is the difference between a bench trial and a jury trial?
A bench trial and a jury trial are two different types of court proceedings. In both trials, the same rules of evidence, legal arguments, and criminal procedure apply. However, the major difference between the two is that in a bench trial, the judge decides the facts and the outcome of the trial, while in a jury trial, the verdict is decided by members of the community who have been chosen and sworn in as jurors. In a bench trial, the judge will hear arguments from both sides and will decide the facts of the case. They will also decide whether the defendant is guilty or not guilty, and the appropriate sentence if the defendant is found guilty. This type of trial is most often used when the defendant has waived their right to a jury trial, or when the case is relatively straightforward. A jury trial is when a group of citizens are chosen from the community, usually 12, to hear the evidence and decide the outcome of the trial. They listen to the arguments from both sides and make a verdict based on the facts presented. If the defendant is found guilty, the jury will then decide the sentence. In many states, including Texas, both the defendant and the prosecutor can request a jury trial. However, the decision as to which type of trial is used rests with the judge.
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