Relates to the right of a trial by jury and the waiver of such in criminal cases

5 Co-sponsors

• Brian Kavanagh
• Adriano Espaillat
• Karim Camara
• José Peralta
• Vivian Cook

5 Multi-sponsors

• William Boyland
• Barbara Clark
• Carl Heastie
• Crystal Peoples-Stokes
• Jose Rivera

BILL NUMBER:A501

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos- ing an amendment to section 2 of article 1 of the constitution, in relation to the right of a trial by jury

Purpose or general idea of bill

The purpose of this bill is to provide a jury with the opportunity to decide guilt or innocence in certain criminal matters where the legislature determines a heightened public policy interest exists.

Summary of provisions

Amends section 2 of article 1 of the constitu- tion to read that a jury trial may be waived by the defendant in [all] criminal cases, except those in which the crime charged may be punisha- ble by death, by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense; provided, however, that the legislature may, by law, require the approval and consent of the district attorney in certain criminal cases.

Justification

Throughout the history of this country, juries have played a central role in our democracy as the constitutionally empowered judicial vehicle for determining the innocence or guilt of a defendant charged with a felony crime. It is critical that in certain matters, such as those that involve alleged criminal activity or ethical trans- gressions by public servants or government officials, the public be involved in the process of determining whether the defendant behaved appropriately under the circumstances.

Consequently, in order for there to be meaningful public involvement, the law should encourage judicial determinations of guilt or innocence that are made by a jury of twelve men and women who reflect the diversi- ty of the community where the criminal act or violation of public trust allegedly occurred. However, under current New York law, a criminal defendant can unilaterally consent to a bench trial in most circum- stances, even where there are important public policy reasons that justify resolution by a jury.

In contrast, pursuant to federal law, a criminal defendant can only opt out of a jury trial where both the prosecution and the defense agree to conduct the trial before a judge. This proposed legislation will amend the constitution to permit the legislature to determine by law certain circumstances where the nature of the crime justifies a requirement that in addition to the defendant, the district attorney, as the represen- tative of the people, also consent to waiver of a jury trial.

Prior legislative history

New bill.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.