ny constitution fresh squeezed 96
Provisions

I.2 of 1939 • Trial by jury; how waived.

APPROVED

The Text

Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. The legislature may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case. A jury trial may be waived by the defendant in all criminal cases, except those in which the crime charged may be punishable 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. The legislature may enact laws, not inconsistent herewith, governing the form, content, manner and time of presentation of the instrument effectuating such waiver.


A Few Facts

• Joined the Constitution in 1939

• In Article I: Bill Of Rights

• Has 147 words

• Was proposed by the Constitutional Convention

• Went to NYS voters as proposed amendment 1 of 1938

• Changed the text of a previously existing provision

• Amends or builds on:
1938-I.2

Credits

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