Ark. Code § 16-89-108 Waivers of Trial By Jury and Death Penalty

• Library: Arkansas Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and First Extraordinary Sessions.
• Year: 2023
• Citation: Ark. Code § 16-89-108

(a) In all criminal cases, except where a sentence of death may be imposed, trial by a jury may be waived by the defendant, provided the prosecuting attorney gives his or her assent to the waiver. The waiver and the assent thereto shall be made in open court and entered of record. In the event of waiver, the trial judge shall pass both upon the law and the facts.

(b) In all criminal cases where the punishment is death, the prosecuting attorney, with permission of the court, may waive the death penalty and in those cases punishment cannot be fixed at more than life imprisonment.