When will a defendant be required to waive his right to stand trial by jury?

California, United States of America


The following excerpt is from Mills v. Municipal Court, 10 Cal.3d 288, 110 Cal.Rptr. 329 (Cal. 1973):

While this contention may accurately reflect the demands of the federal Constitution, in California our state Constitution guarantees Every defendant faced with misdemeanor or felony charges a right to trial by jury. Because a trial record must in any event demonstrate a knowing and voluntary waiver of the right to confrontation and against self-incrimination in All misdemeanor cases, we believe it is only sensible that such record should also make clear that the defendant freely and intelligently relinquished his right to a trial by jury. Although not compelled in 'petty' cases by the federal Constitution, we adopt such a requirement for misdemeanor cases pursuant to our supervisory authority over state criminal procedures. (See People v. Vickers (1972) 8 Cal.3d 451, 461, 105 Cal.Rptr. 305, 503 P.2d 1313; People v. Cahan (1955) 44 Cal.2d 434, 442, 282 P.2d 905.)

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