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

A bench trial, also known as a court trial, is a type of trial where the judge makes the decisions and is the sole fact finder. In a bench trial, the lawyers present their evidence, arguments and witnesses to the judge who decides whether the defendant is guilty or innocent. A jury trial, on the other hand, is a type of trial where the jurors, also known as the “finders of fact”, decide if the defendant is guilty or innocent. In a jury trial, the jury listens to the evidence presented, including witness testimony. After hearing all the evidence, the jury will decide whether the defendant is guilty or innocent based on the evidence presented. In Virginia, bench trials are used in civil and some minor offenses, while jury trials are used for more serious criminal cases. In Virginia, jury trials can be waived or requested. If a defendant waives their right to a jury trial, the case will proceed as a bench trial. If a defendant requests a jury trial, the judge will assign a jury to hear the case. In summary, the main difference between a bench trial and a jury trial is who makes the decision as to guilt or innocence. In a bench trial, the judge makes the decision. In a jury trial, the jury makes the decision.

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