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Free Books / Society / Law / Constitutional Law In The United States / | ![]() |
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252. Waiver Of Jury Trial |
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This section is from the book "Constitutional Law In The United States", by Emlin McClain. Also available from Amazon: Constitutional Law in the United States.
The right to trial by jury in a court of law is one which may be waived by the person entitled thereto, and such courts are generally authorized to try cases without a jury where both parties consent thereto. In a case so tried, the conclusion of the judge as to the facts takes the place of the verdict of a jury. In criminal cases courts are not usually authorized to proceed without a jury, and it is often stated that jury trial cannot be waived in a criminal case; but there seems to be no reason why if the court is by law authorized to proceed in a criminal case by the consent of the defendant without a jury, such a trial would not be valid. (See above, § 243.)
 
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