Haw. R. Penal P. Form L

CASE NUMBER REPORT NUMBER(S)

STATE OF HAWAIʻI vs. (DEFENDANT)

CHARGE(S): VIOLATION OF HRS SECTION(S):

I, the undersigned Defendant, have read completely this waiver form and discussed it thoroughly with my attorney and with the assistance of an interpreter, if applicable. I acknowledge and understand the following:

1. I am entitled to a jury trial on the above-listed charge(s).

2. A jury consists of twelve (12) people chosen from the community to determine whether I am guilty, not guilty or if applicable, not guilty by reason of insanity of the above-listed charge(s).

3. Before I may be found guilty, all twelve jurors must unanimously agree the State has proved beyond a reasonable doubt each and every material element of the crime(s) charged.

4. If any one juror fails to agree the State has proved each and every material element of the crime(s) charged beyond a reasonable doubt, I cannot be found guilty.

5. I have the right to consult with and assist my attorney in selecting the twelve jurors and making requests to excuse one or more jurors for cause or otherwise.

6. By waiving my right to a jury trial, I know the judge along will consider the evidence and decide whether I am guilty, not guilty or if applicable, not guilty by reason of insanity of the above-listed charge(s).

7. I have consulted with my attorney and understand the possible advantages and disadvantages of both a jury trial and a judge trial.

8. I am satisfied with the advice and services provided by my attorney.

9. My mind is clear and I am not under the influence of any illicit drugs, alcohol or prescribed medication.

10. No one has made any promises as to the outcome of either a judge or jury trial and no one has put any pressure upon me to give up my right to a jury trial.

11. I have had sufficient time to fully consider and make this decision to waive my right to a jury trial.

12. I understand this decision is entirely up to me and is my own free, voluntary choice.

13. I hereby forever waive my right to have my case tried by a jury and instead agree to have my case tried by the judge alone.

DATE DEFENDANT SIGNATURE

CERTIFICATE OF COUNSEL

I certify that I have explained the foregoing “Waiver of Trial by Jury” form to the Defendant and with the assistance of an interpreter, if applicable; I believe Defendant understands the document in its entirety; the statements contained therein conform with my understanding of Defendant’s position; I believe Defendant’s waiver is made with a voluntary, knowing and intelligent understanding of the defendant’s right to a jury trial, as well as, the potential advantages and disadvantages of waiving the defendant’s right to a jury trial,; and that Defendant signed the foregoing in my presence.

DATE ATTORNEY FOR DEFENDANT SIGNATURE

DATE JUDGE SIGNATURE

(2/3/21)