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

A trial is the formal process by which a criminal case is heard in a court of law. During this process, a judge or jury hears from both sides in the case—the prosecution and the defense—and makes a decision on the guilt or innocence of the defendant. A trial typically follows the pre-trial activities such as arraignment, preliminary hearings, and plea bargaining. A bench trial, on the other hand, is a trial without a jury. Instead, it is only the judge presiding over the trial who is responsible for determining guilty or innocence. The result of a bench trial is decided solely by the judge’s ruling, based on the evidence presented by both sides. In Maryland, a defendant can choose to have a jury trial or a bench trial; however, the prosecution can overrule this decision in certain cases. In a jury trial, the judge is responsible for asking questions, instructing the jury, and ruling on certain legal matters. The jury is responsible for listening to arguments from both sides, interpreting the evidence, and determining the guilt or innocence of the defendant. In a bench trial, the judge is responsible for all of these steps, thereby ruling on the entire case. Ultimately, the difference between a trial and a bench trial lies in the fact that a jury is present in the former, but not in the latter. In both cases, the judge is responsible for looking at the evidence and ruling on the outcome, however, it is the jury in a trial that is responsible for considering the facts of the case and making the ultimate ruling.

Related FAQs

How is the burden of proof determined in a criminal trial?
What is a motion for a change of venue in criminal defense law?
What are the ethical obligations of a criminal defense lawyer?
How are appeals handled in criminal defense law?
What is meant by the phrase “beyond a reasonable doubt” in criminal defense law?
What is a motion to suppress evidence in criminal defense law?
What is a motion in a criminal defense case?
What types of motions are used in criminal defense cases?
What rights do criminal defendants have to legal representation?
What are the elements of a criminal case in criminal defense law?

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

Related FAQs

Related Blog Posts