"Defendant's Waiver of Jury Trial and Consent to Trial by Judge" - Massachusetts

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Docket No.
Defendant’s Waiver of Jury Trial
Trial Court of Massachusetts
and Consent to Trial by Judge
The Superior Court
Commonwealth v.
County
Defendant’s Waiver of Trial by a Jury and Consent to Trial by a Judge
I understand that I have the right to have a jury decide whether or not I am guilty of the charges against me. I
also understand that I have the right to have a judge, instead of a jury, decide if I am guilty.
I voluntarily give up my right to a trial by a jury in this case and instead agree to a trial by a judge. My
decision to choose a trial by a judge is my own and I make it freely, willingly, voluntarily, and intelligently. My
decision is not the result of force, threats, pressure, assurances, or promises of any sort.
I have had enough time to talk with my attorney about my right to a trial by a jury and my choice to give up that
right and proceed with a trial by a judge. I am satisfied that my attorney has fully explained my rights and
options about my decision to give up my right to a jury trial and have a trial before a judge. I believe that my
attorney has acted in my best interests in this case. I understand that, in a trial by a jury, 12 jurors are selected
from members of the community, that my lawyer and I could participate in the selection of the jurors, that the
jury decides whether the Commonwealth has proven guilt beyond a reasonable doubt under the facts and the
law, and that every juror must agree on the decision. I understand that, in a trial by a judge, the judge alone
decides whether the Commonwealth has proven guilt beyond a reasonable doubt under the facts and the law.
I am not now on, or under the influence of, any drug, medication, liquor, or other substance that impairs my
ability to fully understand the right to a trial by a jury or to decide to waive that right.
I do not believe I suffer from any mental illness, condition, or defect that impairs my ability to fully understand
the right to a trial by a jury or to decide to waive that right.
Name of defendant: ________________________________________________________________
Signature: ___________________________________________
Date:
_______________________
Counsel’s Certification
I have discussed with the defendant the right to a trial by a jury and the defendant’s option to give up that right
and proceed with a trial by a judge. G. L. c. 236, § 6; Mass. R. Crim. P. 19(a). I explained to the defendant that:
the jury consists of members of the community; the defendant may participate in selecting the jury; in a jury
trial, the jury decides whether the Commonwealth has proven guilt beyond a reasonable doubt under the facts
and the law and all jurors must agree on the decision, and that, in a jury trial, the judge makes rulings of law,
instructs the jury on the law, and, if there is a guilty verdict, imposes sentence. When a defendant gives up the
right to a jury trial, the judge alone decides whether the Commonwealth has proven guilt beyond a reasonable
doubt under the facts and the law.
I am satisfied that the defendant understood my explanation and the consequences of giving up the right to a
trial by a jury and proceeding with a trial by a judge. Also, I am satisfied that the defendant is not under the
influence of any alcohol, drug, medication, or other substance that could impair the defendant's ability to fully
understand the right that the defendant is giving up. I am not aware of any mental illness, condition, or defect
that could impair the defendant’s ability to fully understand the right to a jury trial that the defendant is giving up.
The defendant has signed this document in my presence and, to the best of my knowledge, did so freely,
willingly, voluntarily, and intelligently and not as the result of force, threats, pressure, assurances, or promises.
Signature of counsel: ____________________________________
BBO #
____________
Date:
__________
Court’s Approval
After a hearing, I find the defendant has waived the right to a trial by a jury knowingly, willingly, intelligently, and
voluntarily. I accept the defendant’s waiver of the right to trial by a jury.
Justice: _____________________________________________
Date:
________________________
Feb. 24, 2021
Docket No.
Defendant’s Waiver of Jury Trial
Trial Court of Massachusetts
and Consent to Trial by Judge
The Superior Court
Commonwealth v.
County
Defendant’s Waiver of Trial by a Jury and Consent to Trial by a Judge
I understand that I have the right to have a jury decide whether or not I am guilty of the charges against me. I
also understand that I have the right to have a judge, instead of a jury, decide if I am guilty.
I voluntarily give up my right to a trial by a jury in this case and instead agree to a trial by a judge. My
decision to choose a trial by a judge is my own and I make it freely, willingly, voluntarily, and intelligently. My
decision is not the result of force, threats, pressure, assurances, or promises of any sort.
I have had enough time to talk with my attorney about my right to a trial by a jury and my choice to give up that
right and proceed with a trial by a judge. I am satisfied that my attorney has fully explained my rights and
options about my decision to give up my right to a jury trial and have a trial before a judge. I believe that my
attorney has acted in my best interests in this case. I understand that, in a trial by a jury, 12 jurors are selected
from members of the community, that my lawyer and I could participate in the selection of the jurors, that the
jury decides whether the Commonwealth has proven guilt beyond a reasonable doubt under the facts and the
law, and that every juror must agree on the decision. I understand that, in a trial by a judge, the judge alone
decides whether the Commonwealth has proven guilt beyond a reasonable doubt under the facts and the law.
I am not now on, or under the influence of, any drug, medication, liquor, or other substance that impairs my
ability to fully understand the right to a trial by a jury or to decide to waive that right.
I do not believe I suffer from any mental illness, condition, or defect that impairs my ability to fully understand
the right to a trial by a jury or to decide to waive that right.
Name of defendant: ________________________________________________________________
Signature: ___________________________________________
Date:
_______________________
Counsel’s Certification
I have discussed with the defendant the right to a trial by a jury and the defendant’s option to give up that right
and proceed with a trial by a judge. G. L. c. 236, § 6; Mass. R. Crim. P. 19(a). I explained to the defendant that:
the jury consists of members of the community; the defendant may participate in selecting the jury; in a jury
trial, the jury decides whether the Commonwealth has proven guilt beyond a reasonable doubt under the facts
and the law and all jurors must agree on the decision, and that, in a jury trial, the judge makes rulings of law,
instructs the jury on the law, and, if there is a guilty verdict, imposes sentence. When a defendant gives up the
right to a jury trial, the judge alone decides whether the Commonwealth has proven guilt beyond a reasonable
doubt under the facts and the law.
I am satisfied that the defendant understood my explanation and the consequences of giving up the right to a
trial by a jury and proceeding with a trial by a judge. Also, I am satisfied that the defendant is not under the
influence of any alcohol, drug, medication, or other substance that could impair the defendant's ability to fully
understand the right that the defendant is giving up. I am not aware of any mental illness, condition, or defect
that could impair the defendant’s ability to fully understand the right to a jury trial that the defendant is giving up.
The defendant has signed this document in my presence and, to the best of my knowledge, did so freely,
willingly, voluntarily, and intelligently and not as the result of force, threats, pressure, assurances, or promises.
Signature of counsel: ____________________________________
BBO #
____________
Date:
__________
Court’s Approval
After a hearing, I find the defendant has waived the right to a trial by a jury knowingly, willingly, intelligently, and
voluntarily. I accept the defendant’s waiver of the right to trial by a jury.
Justice: _____________________________________________
Date:
________________________
Feb. 24, 2021