Jones v Barnes
463 US 745 (1983)
4 basic rights a DEFENDANT has:
1) whether or not to plead
2) whether or not to testify on their own behalf
3) whether or not to take an appeal
4) WHETHER OR NOT TO WAIVE A JURY TRIAL
if this bill passes, it will be unconstitutional
Unconstitutional and unbelievably arrogant.
Before continuing with your outrage, realize that many states have this requirement, as well as the federal courts. Federal Rule of Criminal Procedure 23 "JURY OR NONJURY TRIAL" states:
(a) JURY TRIAL. If the defendant is entitled to a jury trial, the trial must be by jury unless:
(1) the defendant waives a jury trial in writing;
(2) the government consents; and
(3) the court approves.
So, in federal court, even if the defendant and United States agree to a bench trial, the judge can still require a jury trial (though unlikely in reality).
Remember, it is not the prosecutor that has the right, it is the people of the state of Minnesota, as represented by the prosecutor. Case citations are not PROSECUTOR v. DEFENDANT, but THE STATE OF MINNESOTA v. DEFENDANT.
Although the Minnesota Supreme Court makes many awful rulings, highly doubtful they'd find this change unconstitutional.
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