"Defendant's Waiver of Jury of 12 and Consent to Jury of 6" - Massachusetts

Defendant's Waiver of Jury of 12 and Consent to Jury of 6 is a legal document that was released by the Trial Court of Massachusetts - a government authority operating within Massachusetts.

Form Details:

  • Released on December 28, 2020;
  • The latest edition currently provided by the Trial Court of Massachusetts;
  • Ready to use and print;
  • Easy to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of the form by clicking the link below or browse more documents and templates provided by the Trial Court of Massachusetts.

ADVERTISEMENT
ADVERTISEMENT

Download "Defendant's Waiver of Jury of 12 and Consent to Jury of 6" - Massachusetts

Download PDF

Fill PDF online

Rate (4.8 / 5) 26 votes
Defendant’s Waiver of Jury of 12
Docket No.
Trial Court of Massachusetts
and Consent to Jury of 6
The Superior Court
Commonwealth v.
County
Trial by Jury of 6 is Permitted in Superior Court
Because of the health risks from the COVID-19 pandemic, the Supreme Judicial Court temporarily suspended
jury trials, and has directed that jury trials resume with juries of six first. At present, it is uncertain when a trial
before a jury of twelve will be available in this case. The purpose of this form is to allow you, if you want, to
agree to a trial by six jurors instead of twelve jurors.
Defendant’s Waiver of Jury of 12 and Consent to Jury of 6
I hereby voluntarily give up my right to a trial by a jury of twelve in this case and instead agree to a trial by a
jury of six. My decision to choose a jury of six is my own, and I make it knowingly and intelligently. My
decision is not the result of force, threats, pressure, assurances, or promises.
I am satisfied that my attorney has represented me in an effective and competent manner. I have had enough
time to talk with my attorney about my right to a jury of twelve and my option to waive that right and proceed
with a jury of six. I understand that, with a jury of six, no matter how many alternate jurors are empaneled, I will
be limited to four peremptory challenges and so will the Commonwealth. If additional defendants are being tried
by the same six-person jury, the Commonwealth will have as many peremptories as equal the total number to
which all defendants are entitled.
I am not now on, or under the influence of, any drug, medication, liquor, or other intoxicant or depressant that
would impair my ability to fully understand the right to a jury of twelve that I am waiving by agreeing to a jury
of six.
I am not aware of any mental illness, condition, or defect that would impair my ability to fully understand the
right to a twelve-person jury that I am waiving.
Name of defendant: _________________________________________________________________
Signature: ___________________________________________ Date: ________________________
Counsel’s Approval
I have discussed the defendant’s right to a jury of twelve and the defendant’s option to waive that right and
proceed with a jury of six.
I am satisfied that the defendant understood my explanation and the consequences of waiving the right to a jury
of twelve and proceeding with a jury of six. Also, I am satisfied that the defendant is not under the influence of
any drug, medication, liquor, or other intoxicant that could impair the defendant's ability to fully understand the
right that he or she is waiving. I am not aware of any mental illness, condition, or defect that would impair the
defendant’s ability to fully understand the right to a twelve-person jury that the defendant is waiving.
I represent to the Court that the defendant has signed this document in my presence freely, willingly, and
voluntarily.
Signature of attorney: ___________________________________________ BBO # ___________________
Date: ________________________
Dec. 28, 2020
Defendant’s Waiver of Jury of 12
Docket No.
Trial Court of Massachusetts
and Consent to Jury of 6
The Superior Court
Commonwealth v.
County
Trial by Jury of 6 is Permitted in Superior Court
Because of the health risks from the COVID-19 pandemic, the Supreme Judicial Court temporarily suspended
jury trials, and has directed that jury trials resume with juries of six first. At present, it is uncertain when a trial
before a jury of twelve will be available in this case. The purpose of this form is to allow you, if you want, to
agree to a trial by six jurors instead of twelve jurors.
Defendant’s Waiver of Jury of 12 and Consent to Jury of 6
I hereby voluntarily give up my right to a trial by a jury of twelve in this case and instead agree to a trial by a
jury of six. My decision to choose a jury of six is my own, and I make it knowingly and intelligently. My
decision is not the result of force, threats, pressure, assurances, or promises.
I am satisfied that my attorney has represented me in an effective and competent manner. I have had enough
time to talk with my attorney about my right to a jury of twelve and my option to waive that right and proceed
with a jury of six. I understand that, with a jury of six, no matter how many alternate jurors are empaneled, I will
be limited to four peremptory challenges and so will the Commonwealth. If additional defendants are being tried
by the same six-person jury, the Commonwealth will have as many peremptories as equal the total number to
which all defendants are entitled.
I am not now on, or under the influence of, any drug, medication, liquor, or other intoxicant or depressant that
would impair my ability to fully understand the right to a jury of twelve that I am waiving by agreeing to a jury
of six.
I am not aware of any mental illness, condition, or defect that would impair my ability to fully understand the
right to a twelve-person jury that I am waiving.
Name of defendant: _________________________________________________________________
Signature: ___________________________________________ Date: ________________________
Counsel’s Approval
I have discussed the defendant’s right to a jury of twelve and the defendant’s option to waive that right and
proceed with a jury of six.
I am satisfied that the defendant understood my explanation and the consequences of waiving the right to a jury
of twelve and proceeding with a jury of six. Also, I am satisfied that the defendant is not under the influence of
any drug, medication, liquor, or other intoxicant that could impair the defendant's ability to fully understand the
right that he or she is waiving. I am not aware of any mental illness, condition, or defect that would impair the
defendant’s ability to fully understand the right to a twelve-person jury that the defendant is waiving.
I represent to the Court that the defendant has signed this document in my presence freely, willingly, and
voluntarily.
Signature of attorney: ___________________________________________ BBO # ___________________
Date: ________________________
Dec. 28, 2020