What is the difference between a jury trial and a bench trial?

The primary difference between a jury trial and a bench trial is the role of the judge. In a jury trial, a judge acts as an impartial referee, making sure that the rules of evidence are applied correctly, while the jury makes the final decision. In a bench trial, the judge is the one who makes all the decisions regarding the case, hearing the facts and evidence from both sides before determining a verdict. A jury trial is the most common type of trial in Pennsylvania, as this is where 12 jurors listen to the evidence presented by both parties and make a decision based on the facts. The jurors are appointed by the court and must be impartial and fair when making their decisions. The jury is the trier of both the law and the facts, meaning it must decide if a law was violated, and if so, if the defendant is guilty. The jury also makes a decision regarding any sentences or punishments if the defendant is found guilty. In a bench trial, also called a court trial, the judge hears all the evidence presented by both sides and makes the final decision. This type of trial is less common in Pennsylvania, and it does not require the presence of an impartial jury. The judge is the ultimate authority in a bench trial, making the decision about both the law and the facts. It is important to note that in both a jury trial and a bench trial, the defendant is innocent until proven guilty beyond a reasonable doubt. However, the way in which that burden of proof is reached varies depending on which type of trial is chosen.

Related FAQs

What is the difference between a restraining order and an injunction?
What is an order to show cause?
What is a discovery violation?
What is the difference between direct and circumstantial evidence?
How do I file a motion to quash a subpoena?
What is the difference between civil and criminal contempt?
What does it mean to appeal a conviction?
What is a continuance?
How do I prepare a witness statement?
What is a settlement conference?

What is the difference between a jury trial and a bench trial?

Related FAQs

Related Blog Posts