Answering my questionfrom yesterday: [PDF]Understanding North Carolinas Proposed Constitutional ... sogpubs.unc.edu/electronicversions/pdfs/nonjuryfelonytrials.pdf Understanding. North Carolinas. Proposed Constitutional. Amendment Allowing. Non-Jury Felony Trials. August 2014. Jeffrey B. Welty and. Komal K. Patel Executive Summary This November, North Carolina voters will decide whether to amend the state constitution to allow a criminal defendant to waive his or her right to a jury trial. The proposed amendment would make a fundamental change in how criminal trials may be conducted in this state. But neither the media nor advocacy groups have paid much attention to it, and as a result, voters may know little about it. This non-partisan, non-advocacy report provides the information voters need to make an informed decision about the proposed amendment. This Executive Summary is a brief guide to the key points in the report. Current law. The North Carolina Constitution has been interpreted to mean that a criminal defendant in a felony case who wants to have a trial in superior court must have a jury trial. He or she cannot waive, or relinquish, the right to a jury trial and have a trial at which the judge determines guilt or innocence. Such a trial is called a “bench trial.” Misdemeanor cases in district court are heard at bench trials. The proposed amendment. The amendment would change the state constitution to allow a defendant to waive his or her right to a jury trial and instead choose a bench trial. Such a waiver would require the consent of the trial judge and would not be possible in a capital case.
Posted on: Sun, 07 Sep 2014 15:08:30 +0000
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