Does a defendant need to understand all the ins and outs of a jury trial?

California, United States of America


The following excerpt is from People v. Cervantes, 2d Crim. No. B289082 (Cal. App. 2019):

In People v. Wrest (1992) 3 Cal.4th 1088, 1105, the defendant answered "no" when asked if he felt he knew "all the ins and outs" of a jury trial, but his waiver was knowing and intelligent in all the circumstances. The prosecutor explained on the record that a jury consists of 12 citizens whose decision must be unanimous, and that the defendant's lawyer would participate in selection. (Id. at pp. 1103-1104.) "There is no constitutional requirement that [a defendant] understand 'all the ins and outs' of a jury trial in order to waive his right to one." (Id. at p. 1105.) But the record contains no explanation of any unique aspects of a jury trial.

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