Legal Question in Criminal Law in Pennsylvania
right to waive a jury trial
A man has admitted to beating his wife to death. He doesn't want a jury trial since he has admitted to doing it. The DA and his lawyer agreed to not use the death penalty. Does he have to have a jury trial in PA under these circumstances?
1 Answer from Attorneys
Re: right to waive a jury trial
The current law on this issue is somewhat unclear to me. With a very liberal reading of the current law, my opinion on any non 'death' case (ie assault, robbery, burglary, etc.), is that anyone is entitled to a wavier or a jury so long as all three parties agree. The judge, da or defendant can demand a jury at any time, thereby making it a jury trial. Some counties in PA may have different interpretations of what I am saying. Again, I think the law in PA is unclear on this issue, but other attorneys may disagree with me.
Feel free to call or email. Good Luck.
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