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

A trial and a bench trial in criminal defense law are similar in many ways but also have a few key differences. Both involve a defendant, prosecutor, and judge. However, a jury is only present in a trial. In a trial, a jury is responsible for determining a defendant’s innocence or guilt. The jury is composed of twelve people who are chosen from a randomly selected pool. During a trial, the jury listens to witness testimonies and the arguments of the prosecution and defense. After hearing all evidence, they will then discuss the case and come to a unanimous decision on the verdict. A bench trial in criminal defense law is different because the judge serves as both the judge and the jury. The proceedings are similar to a regular trial, but instead of a jury determining the verdict, the judge is responsible for making the decision. In West Virginia, most criminal cases are decided by a jury, but if both the prosecution and defense agree on a bench trial, the judge will make the ruling. Bench trials can also be requested by the defendant, but the judge usually has the final say. Both trials and bench trials have the same goal: to determine a defendant’s guilt or innocence. But the key difference lies in who makes the final decision. In a regular trial, a jury is present to make the verdict, while in a bench trial, the judge is responsible for the ruling.

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

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