State Ex Rel. Derber v. Skaff

The Fourteenth amendment to the constitution of the United States does not require the states to afford a jury trial in criminal proceedings. It follows that a state may set its own procedure for waiver of the jury trial afforded in that state. Thus petitioner’s claim that he has been confined in violation of the Fourteenth amendment has no merit. We note, however, that a stipulation made by counsel, without protest by defendant, to trial by jury of less than 12 in a federal prosecution has been deemed a sufficient waiver, immune from collateral attack on constitutional grounds.

Sec. 7, art.…