If the defendant does not waive the right to a jury trial, the judge is required to issue a writ of venire.

• A. True
• B. False
• C. Only if the defendant asks
• D. Only in capital cases

Answer: (A)

When a defendant does not waive the right to a jury trial, the court must arrange for a jury by issuing a writ of venire to summon a pool of prospective jurors. The right to a jury trial is protected, so the judge needs a bunch of potential jurors to start the process of selecting the actual jurors through voir dire. The writ of venire is the formal tool that brings in that pool. If the defendant chooses to waive the jury and proceed with a bench trial, a writ isn’t needed. The requirement isn’t limited to capital cases, and it isn’t dependent on the defendant asking for the writ—the existence of the right and its non-waiver trigger the summoning process.