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To: stands2reason

My understanding is that under NC law the prosecutor has to consent to jury.


179 posted on 05/25/2006 2:09:03 PM PDT by streeeetwise
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To: streeeetwise

That doesn't sound right. It's a constitutional right of the defendant to a jury trial. He can waive that right, usually, and opt for a bench trial.


184 posted on 05/25/2006 2:20:49 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: streeeetwise

The North Carolina Constitution provides there is a right to a jury trial. It's found at Section 24:

Sec. 24. Right of jury trial in criminal cases.

No person shall be convicted of any crime but by the unanimous verdict of a jury in open court. The General Assembly may, however, provide for other means of trial for misdemeanors, with the right of appeal for trial de novo.

http://www.ncga.state.nc.us/Legislation/constitution/article1.html


188 posted on 05/25/2006 2:25:27 PM PDT by David Allen (the presumption of innocence - what a concept!)
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