In federal matters the defendant may also waive a jury trial by submitting a request in writing; by themselves or their counsel. The government then must consent to this and finally the court must also approve the request.
A trial by jury is guaranteed by the Sixth Amendment to the United States Constitution, a portion of the United States Bill of Rights which in summary guarantees a speedy, public trial by an impartial jury, in the jurisdiction where the alleged crime occurred, associated with criminal prosecutions for any individual facing charges that are punishable by imprisonment for more than six months on a federal level. The Supreme Court has applied the safeguards of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
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