Right to a Jury Trial

Details: By Georgetown University and The Georgetown Law Journal; Parent Category: Criminal Justice and Racism; Category: Criminal Law, Generally; 18 October 2020; Hits: 13826

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Waiver of Right to a Jury Trial.

A defendant may waive the right to a jury trial by (1) obtaining the court's approval and the government's consent; (2) waiving the right voluntarily; (3) expressing the waiver knowingly and intelligently; and (4) recording the waiver in writing. To ensure that a waiver is voluntary, knowing, and intelligent, the court should inform the defendant on the record of the nature of the right to a jury trial and the consequences of waiving the right. In any subsequent challenge, the defendant bears the burden of proving that the waiver was not valid.

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Race, Racism and the Law
Vernellia R. Randall
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