Anonymous said on May 16, 2006  

Doesn't the prosecutor have to agree to a bench trial in Virginia? I previously lived in a jurisdiction where the prosecutor ran on the election promise of no bench trials and followed through on it once elected. After a few defendants got hammered by juries, everyone fell in line and practically had to accept whatever plea offer was given.

 Ken Lammers said on May 16, 2006  

In Virginia the judge and prosecutor have to waive the jury. This is why they can threaten a defendant with a jury. Consider a possession with intent charge with a minimum 5 active years that must be imposed by a jury - the judge doesn't have to impose any active time and usually has guidelines somewhere around a year. Prosecutors can use this as a sword in order to get a guilty plea. I've even seen one judge establish a policy that he will require a jury if anyone pleads not guilty to this type of charge.

However, there aren't many jursdictions where a prosecutor could take every felony to a jury trial. There just aren't enough hours in the docket and he's always taking the risk that he'll get a couple juries filled with libertarians and liberals who will kick a case them and put a little egg on his face.