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Waiving a Trial By Jury in Texas

Under the Sixth Amendment of the U.S. Constitution, all criminal defendants are guaranteed the right to a speedy public trial. The Sixth Amendment also guarantees the accused an impartial jury from the state or district where the crime was committed.

The above message is echoed in Art. 1.05. of the Code of Criminal Procedure where it states: “In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury.” But not all criminal cases are resolved in a courtroom before a jury, are they? It’s true, the accused has the right to a trial by jury, but most criminal defendants also have the right to waivea trial by jury in Texas.

Under Art. 1.13. (a) of the Code of Criminal Procedure, when a defendant is being criminally prosecuted for any offense other than a capital felony where the state is seeking the death penalty, he or she has the right to enter a plea and waive the right to a trial by jury.

To waive one’s right to a trial by jury, a defendant must:

  • Waive their right in person,
  • Waive their right in open court,
  • Obtain the court’s consent and approval to waive their right to a trial by jury, and
  • Obtain the state prosecutor’s approval and consent, which must in writing and signed by the prosecutor.

“Are there circumstances where a defendant in a capital felony case can waive their right to a trial by jury?” If the state prosecutor notifies the court that he or she does not intend to seek the death penalty in a capital felony case, then the defendant has the right to waive a trial by jury, but only if the state attorney consents to the defendant’s waiver in writing and in open court.

Why Do People Waive Jury Trials?

There are valid reasons for waiving a jury trial. For starters, juries are not required to explain their verdicts, whereas a judge will often state their reason on the record, which can help provide grounds for an appeal. A jury may convict someone out of spite, whereas a judge tends to understand the law, and he or she will be more inclined to follow it.

Another reason – judges are typically more predictable and less susceptible to bias. Judges aren’t perfect by any means, but they can be far better than a jury at determining guilt. Of course, it all depends on the facts of the case. Jury trials certainly have their time and place.