Know whats on your ballot. There has been very little on this subject in the media. Ballot title The official ballot text reads as follows:[2] “ [ ] FOR [ ] AGAINST Constitutional amendment providing that a person accused of any criminal offense for which the State is not seeking a sentence of death in superior court may, in writing or on the record in court and with the consent of the trial judge, waive the persons right to a trial by jury.[3] ” Ballot summary The NC Constitutional Amendments Publication Commission adopted the following summary for the amendment:[4] “ The North Carolina Constitution currently states that a person accused of a crime and who is not pleading guilty to that charge cannot be convicted unless a jury decides the person is guilty. The proposed Amendment to the Constitution would allow a person accused of a crime to choose to be tried by either a judge or a jury. Choosing not to have a jury trial is called waiving the right to a jury trial. If passed, the proposed amendment would require a person wanting to waive the right to a jury trial to say so in court or in writing. A judge would then have to agree to that request. If a person accused of a crime waives the right to a jury trial, a judge would decide whether the person is guilty. Jury trials would still be required in all cases with a possibility of a death sentence. Nothing in this proposed amendment changes federal law regarding criminal trials. If the majority of voters vote FOR for the Amendment, a person accused of a crime will be able to waive the right to a jury trial in cases as described above. If the majority of voters do not vote FOR the Amendment, the law will not change and a person accused of a crime will not be able to waive the right to a jury trial.[3] ” Constitutional changes See also: Section 24 of Article I, North Carolina Constitution
Posted on: Tue, 04 Nov 2014 12:28:04 +0000
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