Waiver of jury trial permitted, when
In a homicide case, the person charged can give up their right to a jury trial and let the judge decide everything instead — but only if the judge agrees. If they do this, the judge decides both guilt and punishment. Once someone gives up a jury trial or pleads guilty, they cannot later ask for a jury just to decide their punishment, unless the other side (the state) agrees. In a first-degree murder case where the death penalty is still on the table, the person cannot give up a jury for the punishment phase unless both the state and the judge agree. Any such agreement must be written in the court record.
565.006. of jury trial permitted, when. — 1. At any time before the of the trial of a , the may, with the of the court, a trial by jury and agree to submit all s in the case to the court, whose finding shall have the force and effect of a of a jury. Such a waiver must include a waiver of a trial by jury of all issues and s charged in the case, including the punishment to be assessed and imposed if the defendant is .
2. No defendant who to a homicide offense or who is found guilty of a homicide offense after trial to the court without a jury shall be permitted a trial by jury on the issue of the punishment to be imposed, except by agreement of the state.
3. If a defendant is found guilty of after a jury trial in which the state has not the , the defendant may not waive a jury trial of the issue of the punishment to be imposed, except by agreement with the state and the court.
4. Any waiver of a jury trial and agreement permitted by this section shall be entered in the court .
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A) Effective 10-01-84 (2002) Arizona statute allowing trial judge to determine presence or absence of aggravating factors required for imposition of death penalty violates Sixth Amendment right to a jury trial. Ring v. Arizona, 122 S.Ct. 2428 (U.S. Supreme Court).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.