Legal Question in Criminal Law in California

Re: Trial Without a Jury in Capital Case?

Trial by jury is a right but not a requirement, and a defendant is allowed to waive this right if he wants to. In many jurisdictions the prosecutor can demand a jury even if the defendant doesn't want one.

Defendants in serious cases -- and in capital cases especially -- almost always want juries because that way they need only persuade one person in twelve to find reasonable doubt.

Re: Trial Without a Jury in Capital Case?

A defendant may indeed waive his or her Constitutional right to a jury trial and have the case tried before a judge. Lawyers call this a "slow plea," because the chances of being found Not Guilty in such a circumstance are slim to none, and Slim just left the building. But there are very rare factual situations in which a competent, privately retained attorney might advise a client to do this. In a capital case, waiving the right to a jury trial is called Suicide.

Re: Trial Without a Jury in Capital Case?

Although a defendant can waive his right to a jury trial, it is, as a general rule, a HORRIBLE idea. Please call me at (800) 313-9619 to discuss this matter and to find out how we can help. there is no charge for this call.