
Criminal defendants in Massachusetts can usually waive their right to a trial by jury. Instead they may elected to have the case heard by a judge at a bench trial.
According to M.G.L. c. 263, ยง 6,
Any defendant in a criminal case other than a capital case, whether begun by indictment or upon complaint, may, if he shall so elect, when called upon to plead, or later and before a jury has been impanelled to try him upon such indictment or complaint, waive his right to trial by jury by signing a written waiver thereof and filing the same with the clerk of the court.
A copy of the commonly-used waiver form is attached here.
Defense counsel must review the form with the defendant and sign the document as well.
The defendant will next go before the judge, on record, and waive his right to a jury.
The judge will conduct a colloquy with the defendant and, if the judge is satisfied that the jury waiver is made knowingly and willingly by the defendant, he will consent to have the matter resolved through a bench trial.
If there is a co-defendant in the case, the co-defendant must also waive his right to a jury.
Again, citing the statute, the judge will give consent to jury-trial waiver
but not, however, unless all the defendants, if there are two or more charged with related offenses, whether prosecuted under the same or different indictments or complaints shall have exercised such election before a jury has been impanelled to try any of the defendants; and in every such case the court shall have jurisdiction to hear and try such cause and render judgment and sentence thereon.