RIGHT TO WAIVE A JURY TRIAL

Who has the right to waive a jury trial and does the rule differ in federal or state courts?

Who has the right to waive a jury trial and does the rule differ in federal or state courts?

Criminal defendants have a Sixth Amendment right to test by an impartial jury drawn from the state and locality in which the crime supposedly occurred1681The right to a Jury trial attaches only in prosecutions for grave misdeeds and does not continue to prosecutions for petty offenses. (Duncan, 391)

In working out whether a crime is grave for Sixth Amendment reasons, the most important factor is the severity of the greatest authorized penalty.l683 The Supreme Court has held that any crime punishable by a jail judgment larger than six months initiates the right to a Jury trial despite of the judgment finally imposed1684For misdeeds punishable by a judgment of six months or less, the right to a jury test attaches only if additional statutory or regulatory punishments "are so severe that they apparently reflect a legislative conclusion that the offense in inquiry is a grave' one." 1685 In the absence of a statutory greatest penalty, an appellate court will consider the punishment really imposed.l686 A defendant charged with multiple petty infringements does not have a right to a trial by Jury when the aggregate judgments exceed six months.(Lewis, 116)

The right to a Jury trial does not continue to sentencing determinations.'688 Accordingly, the test court may determine the facts applicable to sentencing under the judgment Guidelines.l689 In supplement, the Sixth Amendment does not require that a jury make the findings essential to enforce a death sentence.

Waiver of Right to Trial

A defendant may waive her right to a Jury test if: (1) she obtains the court's approval and the government's consent;l691 (2) she ...