2.5.4 Jury Trial

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

2.5.4 Jury Trial

Although the right to a jury trial is protected by the Sixth Amendment, a defendant may waive it in favor of a bench trial. A valid waiver of the right to a jury trial requires "the express and intelligent consent of the defendant."¹³⁰ Waiver cannot be assumed from a silent record, and the defendant generally is advised by the court of the right to a jury trial; the defendant must personally make the waiver either in writing or in open court.¹³¹ Because the right belongs to the individual and has far-reaching implications for him, the decision of whether to be tried by a jury or...