What is the difference between trial by judge and trial by jury?

What is the difference between trial by judge and trial by jury?

The key difference between a bench trial and a jury trial is whether or not there is a jury to decide the outcome of the case or whether a judge makes a decision. The jury determines if a witness is credible, while a judge determines if a witness’ testimony is admissible or not based on the rules of evidence.

Which is better jury or judge?

The process of a trial by jury means that jury deliberations are secret and they do not have to provide any reasons for making their decision. Knowing the reasons why a judge decided on a guilty verdict makes it easier for a defendant to appeal and makes the process more transparent.

What happens if one juror says not guilty?

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant’s guilt or innocence. The government may retry any defendant on any count on which the jury could not agree.”

Does the judge have the final say?

It depends on the jurisdiction. In most jurisdictions the jury determines what crimes the defendant is guilty of, but has no say in the sentence at all. Can a judge overturn a jury’s guilty verdict in a criminal case at sentencing?

How does the judge announced the verdict?

The Judge gets the jury’s verdict by saying and doing the following: First, have the Defendant and defense Counsel stand. The Judge will now pass sentence of the verdict is GUILTY or release the Defendant if found NOT GUILTY. The Judge will then say, “This court is adjourned.” The Bailiff will say, “All rise”.

What happens after a not guilty verdict?

If the verdict is ‘not guilty’, the accused is free to go. This is called an acquittal and cannot be appealed. If the verdict is ‘guilty’, the judge will sentence the accused, usually on a later day.