Section 20.25 Waiver of Jury

• Library: Criminal Practice 2012 Supp

XIV. (§20.25) Waiver of Jury

While this chapter has been devoted primarily to trial by jury, it is possible in Missouri for a defendant to waive a jury in a felony case. It is significant, however, that a jury cannot be waived without the court having first given its assent. Rule 27.01; Mo. Const. art. I, § 22(a). It is submitted that there are very few instances when a defendant can seriously consider waiving a jury in a felony trial. On occasion, a particular jury panel will have established a track record of being so obviously conviction-minded that the defendant’s chances with the judge may be just as good. The opposite is far more likely to be the case. A great many judges at some time in their legal career will have served as prosecuting attorneys or assistant prosecuting...