What is the difference between a jury trial and a bench trial?
A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant’s guilt beyond a reasonable doubt. Both the defendant and the Prosecutor have the right to a trial by a jury. A bench trial is held when both the Defendant and the Prosecutor agree to let the judge listen to the evidence and decide the case without a jury. A jury trial is held when either the prosecutor or defense request that a jury listen the evidence, in which case , the jury is the “trier of fact” rather than the judge. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.
