Judge Court Should Not Accept A Waiver

1531 Words Dec 16th, 2016 7 Pages
Trial by jury consist of five major parts. Part one a jury should consist of twelve persons with a verdict being unanimous. A waiver of a trial by jury, is required to be tried by jury unless the jury trial is waived by the prosecutor. But, the court should not accept a waiver unless the defendant is being advised by the court to trial by jury. However, a defendant may not withdraw a voluntary and knowing wavier as a matter of right. But, the court has its discretion or a defendant may withdraw a wavier of jury trial as a matter of right; if there was a change in the trial. Before any verdict, the parties and approval of the court determine the jury should consist of all members to make a full jury. The stipulation should be clear as to the number of concurring jurors required for the verdict to be valid. In some cases, a change of venue or continuance, the following standards govern the disposition of a motion in a criminal case for example, based on a threatened interference of having a fair trial. "One, Except as federal or state constitutional or statutory provisions otherwise require, a change of venue or continuance may be granted on motion of either the prosecution or the defense. Two, A motion for change of venue or continuance should be granted whenever there is a substantial likelihood that, in the absence of such relief, a fair trial by an impartial jury cannot be had. A showing of actual prejudice should not be required.
Three, If a motion for change of venue or…
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