Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors. - Connecticut Statutes

      Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors. (a) In any criminal case, prosecution or proceeding, the party accused may, if he so elects when called upon to plead, be tried by the court instead of by the jury; and, in such case, the court shall have jurisdiction to hear and try such case and render judgment and sentence thereon.

      (b) If the accused is charged with a crime punishable by death or imprisonment for life and elects to be tried by the court, the court shall be composed of three judges to be designated by the Chief Court Administrator, or his designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.

      (c) If the party accused does not elect to be tried by the court, he shall be tried by a jury of six except that no person, charged with an offense which is punishable by death or life imprisonment, shall be tried by a jury of less than twelve without his consent.

      (1949 Rev., S. 8797; 1953, S. 3326d; 1967, P.A. 656, S. 62; P.A. 73-576, S. 3, 4; 73-616, S. 41, 67; P.A. 76-336, S. 4; P.A. 77-474, S. 1, 2; P.A. 80-313, S. 36; P.A. 81-47.)

      History: 1967 act provided for designation of judges by chief court administrator instead of chief justice; P.A. 73-576 substituted "Connecticut Correctional Institution, Somers" for "State Prison" and replaced provision calling for trial by jury of six unless defendant claims twelve-person jury or case is punishable by death or life imprisonment with provision calling for jury of six except in cases involving capital offense which require trial by twelve-person jury unless defendant consents to jury of six; P.A. 73-616 transferred duty to select panel judges from chief court administrator to chief justice; P.A. 76-336 deleted specific references to imprisonment at Somers Correctional Institution; P.A. 77-474 required jury of twelve in cases involving offenses punishable by death or life imprisonment rather than in cases involving capital offenses; P.A. 80-313 divided section into Subsecs.; P.A. 81-47 amended Subsec. (b) by replacing provision re appointment of judges by chief justice with provision that three judges shall be designated by chief court administrator or his designee, who shall name one such judge to preside over the trial.

      Application by accused for leave to withdraw election made under this statute is addressed to court's discretion; refusal to permit withdrawal held no error. 102 C. 51. The court's determination of guilt or innocence upon the evidence should be raised on appeal by an assignment of error; not necessary to make a motion to set aside verdict. 105 C. 332; 109 C. 126; 110 C. 552. Court fulfills function of jury; its additional power under this statute does not authorize convicting of robbery a defendant charged with murder. 132 C. 43. Cited. 142 C. 114. It is not violative of the constitutional guarantee of the right to a jury trial for the legislature to enact a statute which changes the form of jury procedure if it still maintains the substance of the institution. 144 C. 228. Insofar as it provides that an accused shall be tried to a jury of six unless at the time he is put to plea he demands a jury of twelve, it does not deprive any defendant of his right of trial by jury. Id., 230. Cited. 146 C. 78; 147 C. 95; 153 C. 328. Cited. 161 C. 413. Since determination of jury size is not a matter presently or historically lying exclusively within control of the judiciary, this section, which regulates size of criminal juries, does not violate separation of powers clause of Conn. Const. 171 C. 395. Cited. 173 C. 450. Cited. 174 C. 22. Cited. 176 C. 224. Cited. 182 C. 353. Cited. 190 C. 639. Cited. 227 C. 448. Cited. 231 C. 235.

      Cited. 41 CA 361. Three-judge court not required to deliberate with respect to all charges when only one charge carried maximum penalty of death or life in prison. 69 CA 267.

      Cited. 33 CS 739. Cited. 34 CS 674.

      Accused cannot postpone trial of his case indefinitely by repeatedly changing his election concerning trial by jury. 6 Conn. Cir. Ct. 218, 222, 223.

      Subsec. (a):

      Cited. 191 C. 506. Cited. 198 C. 77.

      Subsec. (b):

      Cited. 184 C. 455. Cited. 201 C. 534. Cited. 203 C. 4.

      Cited. 13 CA 667. Cited. 22 CA 265.

      Subsec. (c):

      Cited. 197 C. 247. Cited. 223 C. 384.

      Cited. 34 CA 58; judgment reversed, see 232 C. 537. Cited. 41 CA 831.

      Cited. 39 CS 347.