What is the difference between a trial and a bench trial in criminal defense law?

A trial is when all parties involved in a criminal defense case present their evidence to a jury. The jury then decides the verdict, or the determination of guilt or innocence. In Delaware, jury trials are typically available in more serious criminal cases, such as those involving felonies. A bench trial is when the case is heard by a judge without a jury. In a bench trial, the judge acts as both the fact-finder and the decider of the verdict. The judge will consider all of the evidence presented by both sides and make a decision based on the law and the facts. Bench trials are typically used in cases where the facts are not in dispute or the penalty is minor, such as misdemeanors. In a trial, the jury is responsible for making the decision of guilt or innocence, while in a bench trial, the judge is responsible for making the decision. In a trial, the jury also hears the witnesses and can ask questions, while in a bench trial, the judge may decide to hear witnesses or limit the questioning. Different states have different rules on who can request a trial or a bench trial. Generally, either side may request that a trial or a bench trial be held, but some states may require the defendant to file a formal request.

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