July 8 – Chicago Daily Law Bulletin
Professor Timothy O’Neill authors monthly column:
Obviously, the right to a jury trial is guaranteed by both the U.S. and Illinois Constitutions. The Illinois Supreme Court has rhapsodically described the right to trial by jury as “one of the most revered of all rights acquired by a people to protect themselves from the arbitrary use of power by the state.” People ex rel. Daley v Joyce, 126 Ill.2d 209 (1988). For a defendant to waive the right, the waiver must be made voluntarily, knowingly and intelligently.
But how can a court guarantee that a jury waiver is made with this level of awareness?
Read More: Why Hasn’t the Supreme Court Addressed This?