California, United States of America
The following excerpt is from People v. Cunningham, 189 Cal.Rptr.3d 737, 352 P.3d 318, 61 Cal.4th 609 (Cal. 2015):
As relevant here, the Sixth Amendment to the United States Constitution provides: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.... (See also Cal. Const., art. I, 16 [Trial by jury is an inviolate right and shall be secured to all....].) Although trial by jury is a fundamental constitutional right, a criminal defendant may waive the right. (See Adams v. United States (1942) 317 U.S. 269, 275, 63 S.Ct. 236, 87 L.Ed. 268 ; see also Cal. Const., art. I, 16.) However, [a]s with the waiver ... of several other constitutional rights ... long ... recognized as fundamental, [in order to be valid] a defendant's waiver of the right to jury trial must be knowing and intelligent, that is, made with a full awareness both of the nature of the right being abandoned and the consequences of the decision to abandon it, ' as well as
[61 Cal.4th 637]
voluntary, in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. ' (People v. Collins (2001) 26 Cal.4th 297, 305, 109 Cal.Rptr.2d 836, 27 P.3d 726.)
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