Can the right to a jury trial be waived? If so, what are the requirements for doing so? What will ...

Although, as the Supreme Court pointed out in Duncan, a jury can be an important safeguard against the potential abuses of judges and prosecutors, there are occasions on which the defendant wishes to waive his or her right to a jury trial. If the case is one that might inflame the emotions of a jury, or prior media exposure might cause a jury to be biased, then obtaining a fair and impartial jury may be difficult. In such a situation, the defendant may opt for a bench trial, in which the judge decides the question of guilt.

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While the right to an impartial judge applies in all proceedings, whether petty or serious, pretrial or otherwise, the right to a trial by jury is qualified. That is, it does not always apply, even though the Sixth Amendment seems to suggest otherwise. For example, the process of plea bargaining can eliminate the need to have a trial altogether, but even if the defendant opts not to plea-bargain, the right to a jury trial may not exist.

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