Is a trial court obligated to advise a defendant of their right to a jury trial?
California, United States of America
The following excerpt is from People v. Ramirez, E072111 (Cal. App. 2020):
"But the trial court is not merely a passive receiver of an attempted [jury] waiver . . . . The court's obligation 'to advise [the] defendant of his right to [a] jury trial' and to 'determine impartially whether [the] defendant's waiver of jury trial was knowing, intelligent, and voluntary' is a 'constitutional procedural duty.' " (People v. Daniels, supra, 3 Cal.5th at p. 993 (lead opn. of Cullar, J.).)
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