What is the test for a defendant to waive their right to a jury trial?

California, United States of America


The following excerpt is from People v. Rackley, C087570 (Cal. App. 2020):

The constitutional right to a jury trial "may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel." (Cal. Const., art. I, 16; People v. Sivongxxay (2017) 3 Cal.5th 151, 166 (Sivongxxay).) A defendant's waiver of the right to a 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 voluntary

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