Mar 24, 2023
This research paper discusses the differences between a trial by jury and a trial by bench. A trial by jury is one in which twelve members of the public are chosen to listen to evidence presented by both sides in a court case and make a decision on guilt or innocence. The jurors must be impartial, meaning that they cannot have any personal biases against either side before deciding the verdict. On the other hand, a trial by bench is one in which a judge alone hears all evidence and makes the final determination as to guilt or innocence. In this case, the judge is expected to have more knowledge about legal proceedings than those of the general public serving on juries, although there is still room for bias if prejudice exists among judges as well.
The main difference between these two types of trials is that a jury trial has the potential to be more lenient due to its reliance on public opinion. This is because juries may make decisions based on sympathy for one side over the other, rather than purely legal facts and evidence. However, this does not necessarily mean that a jury trial will always lead to a more lenient verdict than a bench trial; it depends on the individual jurors’ opinions and biases.
In addition, there are also differences in terms of cost and efficiency between these two types of trials. A jury trial can take much longer than a bench trial as twelve people need to come together to discuss their opinions and reach an agreement. It is also significantly more expensive as jurors must be compensated for their time. In contrast, a bench trial is much more streamlined as a judge will make the decision quickly and without need for compensation. This makes it the more cost-effective option in many cases.
In conclusion, while both jury and bench trials have their advantages and disadvantages, they represent two very different ways of coming to a verdict. Jury trials offer the potential for leniency by allowing public opinion to weigh into decisions, but can take longer and be more expensive than bench trials. Bench trials are faster and cheaper but do not include any input from members of the public. Ultimately, which type of trial is best depends on the individual case and should be considered carefully before any decision is made.
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