An Impartial Right: Louisiana's Infringement of a Defendant's Constitutional Right to a Bench Trial Through the State's Constitutional Provision Limiting a Defendant's Right to Waive a Jury Trial

Abstract

This note argues that, implied within the Sixth Amendment’s Impartial Jury Clause, a criminal defendant enjoys the guaranteed right to waive a jury trial in favor of a bench trial. In State v. Bazile, the Louisiana Supreme Court held that the Sixth Amendment of the United States Constitution does not offer a criminal defendant the absolute right to a bench trial. Bazile was denied the chance to have his case heard in front of a judge because of a provision in the state’s constitution enforcing a deadline by which a criminal defendant must waive a jury trial in favor of a bench trial. However, the U.S. Supreme Court has recognized certain circumstances in which a criminal defendant would benefit from a bench trial. In U.S. v. Singer, the Court held that if a defendant is able to show a compelling reason that a trial by jury would not render an impartial trial, the denial of his proffered waiver violates his constitutional right to an impartial trial. In the present case, Bazile is charged with the murder of his wife, and he is facing the possibility of extensive imprisonment. In a trial of this notoriety, it is reasonable to expect that potential jurors would form biased opinions before hearing the facts of the case and the prosecution’s evidence. Ultimately, Bazile was decided incorrectly because a compelling reason is inherent in Bazile’s case, and he should benefit from a trial before a judge instead of a jury if it ensures an impartial trial.