In a bench trial, who serves as the fact finder and referee?

In a bench trial, who serves as the fact finder and referee?

• A. Jury
• B. Prosecution
• C. Both judge and jury
• D. Judge

Answer: (D)

In a bench trial, the judge serves as the fact finder and referee. Without a jury, the judge weighs the evidence, decides credibility of witnesses, and determines what actually happened based on the testimony and exhibits presented. The judge also acts as referee by ruling on objections and evidentiary issues, controlling the conduct of the trial, and applying the law to the facts. The prosecution presents evidence but does not decide the facts, and there is no jury to determine the facts, so only the judge fulfills both roles.

In a bench trial, the judge serves as the fact finder and referee. Without a jury, the judge weighs the evidence, decides credibility of witnesses, and determines what actually happened based on the testimony and exhibits presented. The judge also acts as referee by ruling on objections and evidentiary issues, controlling the conduct of the trial, and applying the law to the facts. The prosecution presents evidence but does not decide the facts, and there is no jury to determine the facts, so only the judge fulfills both roles.