Does a plea of guilty necessarily include a waiver of the right to a trial by jury?

California, United States of America


The following excerpt is from People v. Powers, 151 Cal.App.3d 905, 199 Cal.Rptr. 142 (Cal. App. 1984):

"The entry of a plea of guilty necessarily includes the requirement of an intelligent waiver of the right to a trial by jury. (Boykin v. Alabama, 395 U.S. 238, 243-244 [23 L.Ed.2d 274, 279-280, 89 S.Ct. 1709, 1712]; In re Tahl, 1 Cal.3d 122, 130 [81 Cal.Rptr. 577, 460 P.2d 449].) If such a plea, even though induced by a desire to avoid the possible imposition of the death penalty, stands when that penalty is later declared unconstitutional, it follows the waiver of the less extensive and included right to trial by jury also survives the same circumstance." (28 Cal.App.3d at p. 660, 104 Cal.Rptr. 807.)

Other Questions


How has the trial court treated the waiver of a defendant's right to stand trial by jury? (California, United States of America)
Can an arbitration agreement include an express waiver of a plaintiff's right to a jury trial? (California, United States of America)
Does a waiver allowing a defendant to waive his right to a jury trial apply when he entered into the waiver? (California, United States of America)
Does a jury's misconduct in a jury trial prejudice a defendant who refused to take the witness stand because the jury did not want to hear from him? (California, United States of America)
Does a jury's misconduct in a jury trial prejudice a defendant who refused to take the witness stand because the jury did not want to hear from him? (California, United States of America)
Is the record of a jury trial incomplete because it does not include all the instructions given to the jury? (California, United States of America)
Can a defendant waiver a right to stand trial by jury? (California, United States of America)
Can a criminal defendant waive a right to jury at trial by jury? (California, United States of America)
Is a waiver of a defendant's right to testify a personal waiver of that right? (California, United States of America)
When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.