Final answer:
A defendant charged with a capital offense punishable by death can knowingly and intelligently waive their right to a jury trial and opt for a trial by judge. This is subject to the court's determination that the waiver is made voluntarily and with an understanding of the right being surrendered and the implications thereof, making the statement True.
Step-by-step explanation:
The question at hand is whether a defendant charged with a capital offence punishable by death can waive their right to a jury trial and instead elect to be tried by a judge. In general, defendants for serious crimes have a constitutional right to a trial by an "impartial jury" of their peers. This right is enshrined in the Sixth Amendment to the United States Constitution, which is one of the primary safeguards against potential abuse of judicial power.
Despite this, the right to a jury trial can be waived if the defendant makes a knowing and intelligent decision to do so. This means that the defendant must understand the consequences of waiving this right and choose to proceed with a bench trial voluntarily. Typically, in serious crimes such as those punishable by the death penalty, additional safeguards are put in place to ensure that such a waiver is indeed knowing and intelligent.
However, the answer may vary based on jurisdictional law and the individual circumstances of each case. It's important to note that because capital cases carry the highest stakes, the courts are generally very cautious in allowing a defendant to waive a jury trial. The judge must be satisfied that the defendant understands and agrees to this voluntarily and that they are not being coerced or making the choice under duress. This is often done through a detailed colloquy in court.
The professional consensus is that a defendant can waive a jury trial in a capital case if it is determined that they have made a knowledgeable and voluntary decision to do so. There are procedural safeguards in place to ensure that such a decision is made with full awareness of the right being waived and the possible implications. Therefore, the statement in the question is regarded to be True.