Is a personal waiver of the right to a jury trial compelled as a matter of constitutional procedure?

California, United States of America


The following excerpt is from People v. Irvin, B301745 (Cal. App. 2020):

Whether a personal waiver of the right to a jury trial is compelled as a matter of constitutional procedure depends on whether the right is constitutional or statutory in nature. "The requirement of an express waiver applies to the constitutional right to a jury trial, but not to jury trial rights that are established only by statute." (People v. French (2008) 43 Cal.4th 36, 46.) If an express waiver of the right to a jury trial is not required, a judicial advisement of that right is also not required. (See Blackburn, supra, 61 Cal.4th at p. 1125, quoting People v. Barrett (2012) 54 Cal.4th 1081, 1105 ["'absent any requirement of a

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