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

In West Virginia, trials can be conducted in either a jury or a bench trial. The main difference between the two is the way they are run. A jury trial consists of twelve to fifteen randomly chosen people from the community. It is presided over by a judge, and the entire jury must unanimously decide on a verdict. They must come to a unanimous agreement whether the defendant is guilty or not guilty. On the other hand, a bench trial is presided over by a judge alone. The judge is responsible for deciding the verdict, which is based on evidence presented in court. Unlike a jury trial, the decision is not required to be unanimous. When it comes to sentencing, judges alone are responsible regardless of whether the trial is jury or bench. The judge, however, will take into consideration the jury’s findings when sentencing. This means that the results of a bench trial may not be as severe as the ones of a jury trial. Overall, the biggest difference between jury and bench trials is that a jury trial allows a group of people to come to a verdict, while a bench trial requires only one person to decide the outcome of the trial, with no input from a jury.

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