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

A criminal trial is a legal proceeding in which individuals accused of committing a crime are tried in a court of law. During a criminal trial, the burden of proving the guilt of the accused person lies with the prosecution. The defendant is presumed innocent until proven guilty. The trial takes place before a jury, which is composed of impartial citizens who evaluate the evidence presented in the case. A bench trial, also known as a trial by judge, occurs when the accused and prosecution choose to forgo a jury trial. In such a trial, the judge alone hears the case and renders a verdict. In South Dakota, bench trials are used only when both parties agree that a jury should not be used in the trial. The primary difference between a trial and a bench trial in criminal defense law is that in the former, a jury is used to decide the guilt or innocence of the accused. In a bench trial, the judge alone is responsible for this decision. Additionally, the jury is not present in a bench trial but the judge is. During a trial, the jurors hear the arguments from the prosecution and defense, and debate the facts in order to reach a verdict. In a bench trial, the judge reviews the evidence and makes a decision based on the facts presented.

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