How has the trial court treated the waiver of a defendant's right to stand trial by jury?

California, United States of America


The following excerpt is from People v. Collins, 109 Cal.Rptr.2d 836, 26 Cal.4th 297, 27 P.3d 726 (Cal. 2001):

At the outset the trial court indicated that previously, upon learning that defendant might waive jury trial, the court had informed defense counsel that "there might well be a benefit in it," because "just by having waived jury" and thus not taking two weeks' time to try the case, "that has some effect on the court." Subsequently the trial court, upon informing defendant that he would receive a benefit of an unspecified nature in the event he waived his right to trial by jury, secured defendant's response that he understood. The court made these representations and offers to defendant prior to determining that his waiver of the right to jury trial was knowing, intelligent, and voluntary. The form of the trial court's negotiation with defendant presented a "substantial danger of unintentional coercion." (People v. Orin (1975) 13 Cal.3d 937, 943, 120 Cal.Rptr. 65, 533 P.2d 193.)

Other Questions


Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
How has the court treated the jury in a trial where the trial court advised the jury to continue deliberating on a motion? (California, United States of America)
How have courts interpreted the waiver of a defendant's right to stand trial by jury? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
Does a trial court's statement that it does not believe the jury is hopelessly deadlocked give the jury the impression the jury should convict defendant? (California, United States of America)
Is a trial court obligated to advise a defendant of their right to a jury trial? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (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 the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)
Can a defendant waiver a right to stand trial by jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.