Earl Warren

“ In any event, no timely objection was made as required by Rule 30 of the Federal Rules of Criminal Procedure and, in the absence of plain error, the Court of Appeals correctly affirmed the judgment of the trial court. Similarly without merit are petitioner's specifications of misconduct by the prosecuting attorney during the trial, since the record reveals that the misconduct, if any, was neither purposeful nor flagrant, and the trial court's admonitions to the jury seem to have been well designed to cure whatever prejudicial impact some of the prosecutor's remarks may have had in this case. ”

“ Rule 20 describes the procedure for waiver of the right to be tried in the district in which an indictment or information is pending against a defendant; and Rule 44 deals with the waiver of the right to counsel.
Trial by jury has been established by the Constitution as the 'normal and * * * preferable mode of disposing of issues of fact in criminal cases.' Patton v. United States, 281 U.S. 276, 312, 50 S.Ct. 253, 263. As with any mode that might be devised to determine guilt, trial by jury has it weaknesses and the potential for misuse. ”

“ III, § 2, of the United States Constitution provides:↑ It appears that many hardy defendants were willing to be tortured to death rather than submit to a jury trial, not because of any inherent distrust of the jury system but because of their desire to avoid a conviction and thereby prevent forfeiture of their lands and the resultant hardships for their descendants. ”

“ But the defendant who submitted his case to the judge was not considered on a par with the defendant who chose to have a jury hear his case, as is evidenced by a Maryland statute of 1793 which provided that submission to a judge would be considered an admission of crime (analogous to the 'implied confession' of minor offenses under English common law) at least insofar as to render the person submitting his case to a judge liable for the costs of prosecution. ”

“ Similar views were expressed by other federal judges. See Ex parte McClusky, 40 F. 71, 74-75 (C.C.D.Ark.1889) (by implication) ; United States v. Taylor, 11 F. 470, 471 (C.C.D.Kan.1882) (dictum) . [6]
Although not necessary to the holding in the case, in Thompson v. ”