waiver of jury trial/ trial court of …...defendant is guilty while the judge makes rulings of law...

1
JV-120 (Rev. 06/07/2013) WAIVER OF JURY TRIAL/ DEFENSE COUNSEL'S CERTIFICATE DOCKET NUMBER Trial Court of Massachusetts Juvenile Court Department Commonwealth v. NAME OF CHILD/DEFENDANT DIVISION WAIVER OF RIGHT TO JURY TRIAL (G. L. c. 119, § 55A. G. L. c. 263, § 6.) I, the above named child/defendant, have been informed of my right to have a jury trial. I have decided to waive that right. I have chosen to be tried by the court without a jury. DATE SIGNATURE OF CHILD/DEFENDANT SIGNATURE OF PARENT / GUARDIAN (IF APPLICABLE) DEFENSE COUNSEL'S CERTIFICATE (G. L. c. 119, § 55A. G. L. c. 263, § 6.) I, the undersigned counsel for the above named child/defendant in the case captioned above, certify that with regard to the waiver of the right to jury trial, that the child/defendant has not been pressured or cajoled, that the child/defendant is not intoxicated or otherwise rendered incapable of rational judgment; that I have conferred with the child/defendant, and the child's parent or guardian (if applicable), and I have explained the following to the child/defendant and the child's parent or guardian (if applicable): That the jury consists of members of the community, and that the jury would be comprised of either six or twelve persons selected randomly from the community at large, that the child/ defendant would have the right to participate in their selection, and that after hearing all of the evidence, that the verdict of the jury would have to be unanimous; That the jury must decide whether or not the child is delinquent or a youthful offender or the defendant is guilty while the judge makes rulings of law in the course of the trial and instructs the jury on the law, and imposes sentence in the case of an adjudication of delinquency or as a youthful offender, or a finding of guilt; and That when a jury is waived, the judge alone decides whether or not the child is delinquent or a youthful offender, or the defendant is guilty in accordance with the facts and the law. DATE SIGNATURE OF DEFENSE COUNSEL

Upload: others

Post on 25-Jun-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: WAIVER OF JURY TRIAL/ Trial Court of …...defendant is guilty while the judge makes rulings of law in the course of the trial and instructs the jury on the law, and imposes sentence

JV-120 (Rev. 06/07/2013)

WAIVER OF JURY TRIAL/DEFENSE COUNSEL'S CERTIFICATE

DOCKET NUMBERTrial Court of MassachusettsJuvenile Court Department

Commonwealth v.NAME OF CHILD/DEFENDANT

DIVISION

WAIVER OF RIGHT TO JURY TRIAL(G. L. c. 119, § 55A. G. L. c. 263, § 6.)

I, the above named child/defendant, have been informed of my right to have a jury trial. I have decided towaive that right. I have chosen to be tried by the court without a jury.

DATE SIGNATURE OF CHILD/DEFENDANT

SIGNATURE OF PARENT / GUARDIAN (IF APPLICABLE)

DEFENSE COUNSEL'S CERTIFICATE(G. L. c. 119, § 55A. G. L. c. 263, § 6.)

I, the undersigned counsel for the above named child/defendant in the case captioned above, certify that withregard to the waiver of the right to jury trial, that the child/defendant has not been pressured or cajoled, that thechild/defendant is not intoxicated or otherwise rendered incapable of rational judgment; that I have conferredwith the child/defendant, and the child's parent or guardian (if applicable), and I have explained the following tothe child/defendant and the child's parent or guardian (if applicable):

That the jury consists of members of the community, and that the jury would be comprised ofeither six or twelve persons selected randomly from the community at large, that the child/defendant would have the right to participate in their selection, and that after hearing all of theevidence, that the verdict of the jury would have to be unanimous;

That the jury must decide whether or not the child is delinquent or a youthful offender or thedefendant is guilty while the judge makes rulings of law in the course of the trial and instructs thejury on the law, and imposes sentence in the case of an adjudication of delinquency or as ayouthful offender, or a finding of guilt; and

That when a jury is waived, the judge alone decides whether or not the child is delinquent or ayouthful offender, or the defendant is guilty in accordance with the facts and the law.

DATE SIGNATURE OF DEFENSE COUNSEL