The following is taken from Michael Speciale’s website. He is a representative to the North Carolina House of Representatives who opposes a change to the North Carolina legal system that will be on the ballot in November.
Constitutional Amendment providing that a person accused of any criminal offense for which the State is not seeking a sentence of death in Superior Court may, in writing or on the record in court and with the consent of the trial Judge, waive the person’s right to a trial by jury.
To some, the proposed amendment seems benign. It seems like no big deal, until you look at the ramifications, the precedence being set, and the liberty safeguards being forfeited.
Next to our 2nd Amendment right to keep and bear arms, whose inclusion into the Bill of Rights was intended to ensure that we the people had the ability to fight a tyrannical government, our 6th Amendment right to trial by jury is the next most important right that we have.
This right is another measure to ensure that we can overcome a tyrannical government because juries have the power to judge the law as well as the facts of a case.
What would be the purpose of this amendment? I can only reason that its purpose is intended to clear the backlog of cases. On whose backs will this come? The State would like to cut down on costs for providing legal defense to the indigent. Sadly, they will be the ones targeted because disposing of their cases by a Judge alone is generally quicker and cheaper than dragging out a Jury Trial.
Let’s take a look at a couple scenarios to determine what could happen:
1. Promises and Coercion: The indigent defendant is sitting in their cell awaiting trial because they cannot afford bail. They are approached by an officer of the court and the conversation goes like this: “It will likely be months before we can get you in front of a jury, but if you sign this waiver, we can get you in front of Judge so-and-so in a week or two. He’s usually pretty lenient in cases like yours.” What do you think the defendant is likely to do? He wants out of the cell; he wants his freedom. He is likely to sign the waiver under the belief that he will be out of there quicker, and with a lighter sentence. It is not likely that all will go as promised.
2. Juries have the right to judge the law as well as the facts of the case. That means that, even though you may be guilty of violating a law as written, the jury may choose not to convict you because they believe the law to be a bad one, or they believe that the law simply should not apply in your case due to mitigating, extenuating, or exigent circumstances. This is called Nullification, and a Judge is not likely to consider this.
3. What about Justice? The powerful and the politically connected commit crimes like everyone else. Picture a Senator or other powerful individual manipulating the system by choosing to waive his/her right to a jury trial in order to get in front of a Judge that he/she knows, such as a friend, a supporter, or someone who owes a favor. Justice would not be served in this case.
4. When the government gets their ‘foot in the door’ the next step is to kick it wide open. Think of the seat belt law. In order to calm public opinion when the seat belt law was being considered, we the people were told that this would be a secondary offence. In other words, we would not be pulled over just for a seat belt violation, but we could be ticketed for not wearing a seat belt if we were pulled over for another offence. The reality is that shortly after the law was passed, it was changed to make it a primary offence. Just like that, once this amendment is passed, after a short time I can easily envision a change making it no longer a choice in certain cases, but a mandate. I can envision the law being changed to state that if you are charged with certain crimes, those particular crimes will no longer allow trial by jury, but will be tried in front of a Judge only. Can you see it?
We are losing our rights by the day, and we should not just give them away. I voted NO on the bill to put this on the ballot.
I recommend that you vote NO on the amendment.