Pennsylvania Waiver of Trial By Jury

State:
Pennsylvania
Control #:
PA-SKU-2808
Format:
PDF
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Description

Waiver of Trial By Jury

Pennsylvania Waiver of Trial By Jury is a legal document that allows a defendant to forgo their right to a jury trial in a criminal case in the state of Pennsylvania. It is also known as a 'waiver of jury trials', 'jury waiver', or 'waiver of jury verdict'. The waiver must be approved by the presiding judge in the case and all parties must agree before it can be accepted. There are two types of Pennsylvania Waiver of Trial By Jury. The first is 'express waiver', which is a written document signed by all parties involved in the case that states their agreement to waive their right to a jury trial. The second is 'implied waiver', which occurs when a defendant takes action that implies they are waiving their right to a jury trial, such as participating in a bench trial or agreeing to a plea bargain. Both types of waivers must be approved by the court.

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FAQ

Rule 620 - Waiver of Jury Trial. In all cases, the defendant and the attorney for the Commonwealth may waive a jury trial with approval by a judge of the court in which the case is pending, and elect to have the judge try the case without a jury.

No. While a constitutional right to a jury trial exists in most criminal cases, the same isn't true with a bench trial. A defendant may waive (give up) their right to a jury trial, but if the prosecutor objects or the judge rejects the defendant's waiver, the trial will go before a jury.

Defendants who are charged in federal district court can ask to waive their right to a jury, but the court and the prosecutor must agree. The defendant's waiver must be in writing and done knowingly and voluntarily.

In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.

In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

A defendant who wants a speedy resolution of his/her case may choose to waive a jury trial. Where the issue of guilt is more technical ? meaning, whether the facts fit the law ? it may be better to have a judge decide the issue.

Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.

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Pennsylvania Waiver of Trial By Jury