The ACTL Federal Criminal Procedure Committee has published a white paper recommending amendment of Rule 23(a) to allow a criminal defendant to obtain a non-jury bench trial without the government’s consent if the defendant presents reasons sufficient to overcome the presumption in favor of jury trials. The paper explores the constitutional, legal, and practical issues with eliminating government consent.

Publish Date / Last Revised

October 29, 2024

Topic

  • Trial Advocacy

Resource Type

  • White Paper

Audience Type

  • Fellows
  • Judges
  • Law Students
  • Lawyers