What is the difference between a jury trial and a bench trial?
A jury trial and a bench trial are both types of trials that are held in a court of law. The main difference between the two lies in who hears the case and renders the verdict. A jury trial involves several impartial citizens of the jurisdiction. This is known as a jury of peers. The jury is presented with evidence from the plaintiff and defendant, and then decides whether the defendant is guilty or not guilty. A bench trial, on the other hand, is heard and decided upon by a judge alone, usually one that is appointed by the court. The judge hears the case and then renders his or her verdict based on the evidence. Bench trials are usually used when more specific legal issues are on trial. This type of trial does not involve the opinion of a jury. In Mississippi, a jury trial is a right afforded to a defendant under the state’s constitution. The right of a jury trial in criminal cases is guaranteed from the state constitution. The defendant must request a jury trial if they would like one. If a jury trial is requested, it must be granted unless the court finds that it is not necessary. The choice between a jury trial and a bench trial can ultimately be determined by the defendant. Even if the defendant does not request a jury trial, the court can still grant it at their discretion.
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