RALEIGH, N.C. -
North Carolina voters approved a constitutional amendment Tuesday that gives criminal defendants the option to waive their right to a trial by jury.
Tabulated votes showed 53 percent of voters supported the state constitutional amendment.
The amendment, which passed almost unanimously in the General Assembly, changes the state Constitution to allow a defendant in a felony trial in which the state is not seeking the death penalty to waive their right to a jury trial in favor of a "bench trial."
The request would have to be approved by the trial judge.
The only dissenting vote in the General Assembly came from Rep. Michael Speciale (R-New Bern), who questioned the purpose of the amendment.
"I can only reason that its purpose is intended to clear the backlog of cases," Speciale wrote on his website. "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."
Current North Carolina law requires all criminal defendants in felony cases to have a trial by jury. Misdemeanor cases in district court are heard at bench trials.
North Carolina was the only state that does not allow criminal defendants to waive their right to a jury trial.
Proponents of the amendment argued that it could save the court system time and money because bench trials tend to be shorter and less expensive than jury trials. Opponents, however, said bench trials give more power to a single judge compared to trials with 12 jurors.
Critics further pointed to lawyers who may use their position of influence to secure a favorable judge, which is of particular concern in states where voters decide judges and money can be funneled into judicial campaigns.
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