Section 20.14 Right to Trial by Jury

• Library: Criminal Practice 2012 Supp

E. (§20.14) Right to Trial by Jury

The right to trial by jury, unlike some of the other rights of defendants, is qualified. Under the Sixth and Fourteenth Amendments to the United States Constitution, the right to trial by jury is limited to those actions in which the potential penalty exceeds six months imprisonment. Baldwin v. N.Y., 399 U.S. 66 (1970).

The right to jury trial under the Missouri Constitution can be found in Mo. Const. art. I, § 22(a). Section 546.040, RSMo 2000, states the issue very plainly and succinctly: “All issues of fact in any criminal cause shall be tried by a jury, to be selected, summoned and returned, in a manner prescribed by law.”

The statute appears on its face to conflict with Mo. Const. art. I, § 22(a), which provides that “in every criminal case any defendant may, with the assent of the court, waive a jury trial and submit the trial of such case to the court . . . .”

Section 546.050, RSMo 2000, appears, on its face, to be inconsistent with § 546.040, at least insofar as misdemeanor trials are concerned. Section 546.050 provides that the defendant and prosecuting attorney, with the assent of the court, may submit the trial of misdemeanors to the court. Findings in all such offenses have the force and effect of the verdict of a jury.

As a practical matter, most misdemeanors are probably tried by the court without a jury. Notwithstanding the seemingly inconsistent language in some of the statutes dealing with the subject, there is an express court rule on waiver of jury. See Rule 27.01(a), which provides that, “All issues of fact in any...