State v. Lessley
3
guys were maced by a POs outside of a club; On the way to a service
station to wash out their eyes, they got into an accident. D shot a
passenger from the other vehicle after that guy punched him in the face
upon pulling over the car. D claimed self-defense.
On day of trial, D
waived his right to a jury. State had a weak case for 2nd
degree murder, so State argued that D’s jury waiver should be denied
and that the State’s consent is required before a criminal defendant can
waive a jury trial. Ct rejects the State’s argument and holds that the
Minn. Constitution did not require State consent for waiver.
Court said
that jury waiver clause only applied to Civil Cases only, per the Minn
Const. Art. I
· Dissent
argued that it was an abuse of discretion to grant the bench trial
because it undermines the public’s trust and confidence in the judicial
system
· In
federal court and 30+ states, the defense has to move for the waiver
but both the government and court have to agree ; So the prosecutor has
the power to block the bench trial
· Almost
all jurisdiction allow a defendant to waive the right to a jury trial;
30+ states condition the waiver on the judge’s agreement that a bench
trial is appropriate;
· 10 states give D the sole right to move for a bench trial in a crim case (pg 545)
· IL rule 5-115-1 pg 730 à “method of trial” gives D right to move for bench trial in writing
· Juries may be more prejudiced to go off of the law in certain inflammatory cases; judges will be less freaked out
· You have a right to a jury trial, but not a right to waive them!
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