# Conn. Gen. Stat. § 54-82: Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors > Connecticut · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82 ## Section - **Citation:** Conn. Gen. Stat. § 54-82 - **Heading:** Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors - **Jurisdiction:** Connecticut - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Connecticut Code / Title 54 / Chapter 961 / Section 54-82 ## Text (b) If the accused is charged with a crime punishable by death, life imprisonment without the possibility of release or life imprisonment and elects to be tried by the court, the court shall be composed of three judges to be designated by the Chief Court Administrator, or the Chief Court Administrator's designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly. (c) If the accused does not elect to be tried by the court, the accused shall be tried by a jury of six except that no person charged with an offense which is punishable by death, life imprisonment without the possibility of release or life imprisonment, shall be tried by a jury of less than twelve without such person's consent. Application by accused for leave to withdraw election made under statute is addressed to court's discretion; refusal to permit withdrawal held no error. 102 C. 51. The court's determination of guilt or innocence upon the evidence should be raised on appeal by an assignment of error; not necessary to make a motion to set aside verdict. 105 C. 332; 109 C. 126; 110 C. 552. Court fulfills function of jury; its additional power under statute does not authorize convicting of robbery a defendant charged with murder. 132 C. 43. Cited. 142 C. 114. It is not violative of the constitutional guarantee of the right to a jury trial for the legislature to enact a statute which changes the form of jury procedure if it still maintains the substance of the institution. 144 C. 228. Insofar as it provides that an accused shall be tried to a jury of 6 unless at the time he is put to plea he demands a jury of 12, it does not deprive any defendant of his right of trial by jury. Id., 230. Cited. 146 C. 78; 147 C. 95; 153 C. 328; 161 C. 413. Since determination of jury size is not a matter presently or historically lying exclusively within control of the judiciary, section, which regulates size of criminal juries, does not violate separation of powers clause of Connecticut Constitution. 171 C. 395. Cited. 173 C. 450; 174 C. 22; 176 C. 224; 182 C. 353; 190 C. 639; 191 C. 506; 197 C. 247; 198 C. 77; 223 C. 384; 227 C. 448; 231 C. 235. Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1. Cited. 34 CA 58; judgment reversed, see 232 C. 537; 41 CA 361; Id., 831. 3-judge court not required to deliberate with respect to all charges when only one charge carried maximum penalty of death or life in prison. 69 CA 267. Cited. 33 CS 739; 34 CS 674; 39 CS 347. Accused cannot postpone trial of his case indefinitely by repeatedly changing his election concerning trial by jury. 6 Conn. Cir. Ct. 218, 222, 223. Subsec. (b): Cited. 184 C. 455; 201 C. 534; 203 C. 4. Defendant's decision to forgo a jury determination in capital felony sentencing proceeding and opt for sentencing by a 3-judge panel was knowing, voluntary and intelligent; formulaic canvass of defendant is not required and validity of jury waiver is determined by examination of totality of the circumstances. 303 C. 71. Cited. 13 CA 667; 22 CA 265. Court's instruction to defendant that he could not change his decision to waive his right to a jury trial simply because he had rethought his position was not legally inaccurate or in contradiction of the provisions of section. 120 CA 768. ## Nearby sections - [Conn. Gen. Stat. § 54-82 Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82.md) - [Conn. Gen. Stat. § 54-82b Sec. 54-82b. Right to trial by jury.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82b.md) - [Conn. Gen. Stat. § 54-82c Sec. 54-82c. (Formerly Sec. 54-139). Prisoner's right to speedy trial on pending charges.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82c.md) - [Conn. Gen. Stat. § 54-82d Sec. 54-82d. (Formerly Sec. 54-140). Dismissal of charges on failure to grant prisoner speedy trial.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82d.md) - [Conn. Gen. Stat. § 54-82f Sec. 54-82f. Voir dire examination.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82f.md) - [Conn. Gen. Stat. § 54-82g Sec. 54-82g. (Formerly Sec. 51-242). Peremptory challenges in criminal prosecution.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82g.md) - [Conn. Gen. Stat. § 54-82h Sec. 54-82h. Alternate jurors in criminal cases. Peremptory challenges.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82h.md) - [Conn. Gen. Stat. § 54-82i Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82i.md) - [Conn. Gen. Stat. § 54-82k Sec. 54-82k. (Formerly Sec. 54-24). Recognizance; commitment; release; fees.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82k.md) - [Conn. Gen. Stat. § 54-82l Sec. 54-82l. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1983.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82l.md) - [Conn. Gen. Stat. § 54-82m Sec. 54-82m. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1985.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82m.md) - [Conn. Gen. Stat. § 54-82q Sec. 54-82q. Temporary restraining order prohibiting harassment of witness.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82q.md) - [Conn. Gen. Stat. § 54-82r Sec. 54-82r. Protective order prohibiting harassment of witness.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82r.md) - [Conn. Gen. Stat. § 54-82t Sec. 54-82t. Protective services for witness at risk of harm.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82t.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CT_T54_C961_S54-82. Check the current official text before relying on it. Not legal advice.