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Rule 804 – Procedure When Jury Trial is Waived

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) In all cases in which the defendant is charged with murder, the defendant and the attorney for the Commonwealth may waive a jury trial with approval by a judge of the court in which the case is pending In these cases, the trial judge shall alone hear the evidence, determine all questions of law and fact, and render a verdict that shall have the same force and effect as a verdict of a jury.
(B) If the crime is determined to be murder of the first degree the sentencing proceeding shall be conducted as provided by law.

234 Pa. Code ยง 804

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .

Final Report explaining the September 18, 2008 amendments to paragraph (A) concerning waiver of a jury trial published with the Court’s Order at 38 Pa.B. 5431 (October 4, 2008) .