Who in the trial is the finder of fact?

• A. The prosecutor.
• B. The judge in bench trials and the jury in jury trials.
• C. The defense attorney.
• D. The court clerk.

Answer: (B)

The finder of fact is the person or body that decides what happened based on the evidence presented. In a bench trial, there is no jury, so the judge weighs the evidence, assesses credibility, and determines the facts. In a jury trial, the jury performs that role, deciding which facts are proven beyond a reasonable doubt, while the judge handles the law and instructs the jury. The prosecutor and defense attorney present and challenge evidence but do not decide the facts, and the court clerk records proceedings. So, the finder of fact is the judge in bench trials and the jury in jury trials.