United States v. David Cochran, 770 F.2d 850 (9th Cir. 1985). · Go Syfert
United States v. David Cochran, 770 F.2d 850 (9th Cir. 1985). Cases Citing This Book View Copy Cite
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cited 4× by 3 distinct cases, last quoted 1992 · …made voluntarily, knowingly and intelligently. at p. 851
174 citation events (94 in the last 25 years) across 35 distinct courts.
Strongest positive: Monty Durell Bryant v. the State of Texas (texapp, 2023-06-16)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Monty Durell Bryant v. the State of Texas (2×) also: Cited as authority (rule)
Tex. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
trial court should conduct colloquies with the defendant before accepting a waiver of the right to jury trial.
discussed Cited as authority (verbatim quote) Saul Ranulfo Herrera Rios v. the State of Texas
Tex. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
compliance with the rios-22 requirements of rule 23(a) of the federal rules of criminal procedure creates a presumption that the waiver is a voluntary, knowing and intelligent one.
discussed Cited as authority (verbatim quote) Rios, Saul Ranulfo Herrera
Tex. Crim. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
compliance with the rios-22 requirements of rule 23(a) of the federal rules of criminal procedure creates a presumption that the waiver is a voluntary, knowing and intelligent one.
examined Cited as authority (verbatim quote) United States v. Mala Shorty (3×) also: Cited "see"
9th Cir. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
by asking appropriate questions the district court will also be better able to perform its task of determining whether a proposed waiver is in fact being offered voluntarily, knowingly and intelligently.
discussed Cited as authority (verbatim quote) United States v. Lilly (2×) also: Cited as authority (rule)
3rd Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
like the sixth circuit, we 'implore' district courts to conduct a waiver colloquy.
discussed Cited as authority (verbatim quote) United States v. Lilly (2×) also: Cited as authority (rule)
3rd Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
like the sixth circuit, we 'implore' district courts to conduct a waiver colloquy.
discussed Cited as authority (verbatim quote) State v. Shirlene Walker (2×) also: Cited as authority (rule)
Mont. · 2008 · quote attribution · 1 verbatim quote · confidence high
the failure of a district judge to conduct such an interrogation does not violate either the constitution... or fed. r. crim. p. 23(a); nor does it ipso facto require reversal.
examined Cited as authority (verbatim quote) United States v. Lamon Lee Christensen (2×) also: Cited as authority (rule)
9th Cir. · 1994 · signal: see · quote attribution · 1 verbatim quote · confidence high
by asking appropriate questions the district court will also be better able to perform its task of determining whether a proposed waiver is in fact being offered voluntarily, knowingly and intelligently
examined Cited as authority (verbatim quote) State v. Conn (3×) also: Cited "see", Cited "see, e.g."
Vt. · 1989 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
strongly believe ... trial courts should conduct colloquies with the defendant before accepting a waiver of the right to jury trial
discussed Cited as authority (rule) State v. Montibon
Haw. App. · 2024 · confidence medium
This serves several purposes: "(1) it more effectively insures voluntary, knowing, and intelligent waivers[;] (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal[;] and (3) it emphasizes to the defendant the seriousness of the decision[.]" State v. Friedman, 93 Hawai#i 63, 68, 996 P.2d 268, 273 (2000) (quoting United States v. Cochran, 770 F.2d 850, 851-52 (9th Cir. 1985)).
cited Cited as authority (rule) United States v. Luis Ceja
9th Cir. · 2022 · confidence medium
United States v. Cochran, 770 F.2d 850, 851 (9th Cir. 1985).
cited Cited as authority (rule) United States v. Scott Laney
9th Cir. · 2021 · confidence medium
United States v. Cochran, 770 F.2d 850, 853 (9th Cir. 1985); see also Bishop, 291 F.3d at 1114 .1 2.
discussed Cited as authority (rule) People of Guam v. Joshua Brandon Perez (2×) also: Cited "see, e.g."
Guam · 2021 · confidence medium
See Chong, 2019 Guam 30 ¶ 22 (citing United States v. Ferreboeuf, 632 F.2d 832, 836 (9th Cir. 1980)); Shorty, 741 F.3d at 966 ; Christensen, 18 F.3d at 825-26 ; Cochran, 770 F.2d at 851 (“[T]he failure of a district judge to conduct such an interrogation does not violate either the Constitution or Fed.
discussed Cited as authority (rule) United States v. Hussien Eltareb (2×) also: Cited "see"
9th Cir. · 2021 · confidence medium
Because Eltareb waived a jury trial in writing, the Government consented, and the district court approved, the requirements of Federal Rule of Criminal Procedure 23(a) were all satisfied, thereby “creat[ing] a presumption that the waiver is a voluntary, knowing and intelligent one.” United States v. Cochran, 770 F.2d 850, 851 (9th Cir. 1985); see also United States v. Bishop, 291 F.3d 1100, 1113 (9th Cir. 2002).
cited Cited as authority (rule) State of Washington v. Martiniano Eluterio Camacho
Wash. Ct. App. · 2021 · confidence medium
United States v. Cochran, 770 F.2d 850, 853 (9th Cir. 1985); United States v. Martin, 704 F.2d 267 , 274- 75 (6th Cir. 1983); United States v. Delgado, 635 F.2d 889, 890 (7th Cir. 1981).
discussed Cited as authority (rule) State v. Bida
Haw. App. · 2020 · confidence medium
Torres, 144 Hawai#i at 288, 288 n.9, 439 P.3d at 240 , 240 n.9 (citing 5/ In Duarte–Higareda, the Ninth Circuit determined, inter alia, that the trial court was required to inform the defendant that: "(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial." 113 F.3d at 1002 (citing United States v. Cochran, 770 F.2d 850, 853 (9th Cir. 1985)). 3 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Gomez-Lo…
discussed Cited as authority (rule) State v. Ernes.
Haw. · 2020 · confidence medium
This serves several purposes: “(1) it more effectively insures voluntary, knowing, and intelligent waivers[;] (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal[;] and (3) it emphasizes to the defendant the seriousness of the decision[.]” State v. Friedman, 93 Hawaiʻi 63, 68, 996 P.2d 268, 273 (2000) (quoting United States v. Cochran, 770 F.2d 850, 851-52 (9th Cir. 1985)).
discussed Cited as authority (rule) United States v. Kelvin Williams
8th Cir. · 2020 · confidence medium
Other courts have held that “[a] defendant is sufficiently informed to make an intelligent waiver if he was aware that a jury is composed of 12 members of the community, he may participate in the selection of the jurors, the verdict of the jury must be unanimous, and that a judge alone will decide guilt or innocence should he waive his jury trial right.” United States v. Martin, 704 F.2d 267, 273 (6th Cir. 1983); see also United States v. Robertson, 45 F.3d 1423, 1432 (10th Cir. 1995); United States v. Rodriguez, 888 F.2d 519, 527 (7th Cir.1989); United States v. Cochran, 770 F.2d 850, 853…
discussed Cited as authority (rule) United States v. Kevin Laney
9th Cir. · 2018 · confidence medium
Although we have “implore[d]” district courts to conduct colloquies with the defendant before accepting a waiver of his or her right to a jury trial, the failure to do so “does not violate either the Constitution nor does it ipso facto require reversal.” United States v. Cochran, 770 F.2d 850, 851, 853 (9th Cir. 1985) (internal citations omitted).
discussed Cited as authority (rule) United States v. Miguel Osuna-Alvarez
9th Cir. · 2015 · confidence medium
We have clarified that “[a]n in-depth colloquy ... includes instructing the defendant of the four facts listed in Cochran.” Shorty, 741 F.3d at 966 (citing United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985) (The district court should inform the defendant that “(1) twelve members of the community compose a jury; (2)' the defendant may take part in jury selection; (3) jury verdicts must be unanimous; and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.”)).
cited Cited as authority (rule) United States v. Darryl Walizer
9th Cir. · 2015 · confidence medium
The colloquy that Judge Pro and Walizer engaged in was sufficient to ensure that Walizer understood “the basic mechanics of a jury trial.” United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985).
discussed Cited as authority (rule) United States v. David Tamman
9th Cir. · 2015 · confidence medium
Finally, Tamman argues that the district court failed to sufficiently inform him of the rights he would relinquish pursuant to a jury waiver, as required under United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985).
cited Cited as authority (rule) United States v. Tomas Ramirez-Gonzalez
9th Cir. · 2014 · confidence medium
United States v. Bishop, 291 F.3d 1100, 1113 (9th Cir.2002); United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985).
examined Cited as authority (rule) State v. Gomez-Lobato. (4×)
Haw. · 2013 · confidence medium
The colloquy preceding any waiver of the right to jury trial serves several functions: “ ‘(1) it more effectively insures voluntary, knowing and intelligent waivers; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal; and (3) it emphasizes to the defendant the seriousness of the decision [to waive a jury trial].’” Id. (quoting United States v. Cochran, 770 F.2d 850, 851-52 (9th Cir.1985)) (alterations omitted) (other citations omitted)).
cited Cited as authority (rule) United States v. Roberto Ramirez-Ramirez
9th Cir. · 2013 · confidence medium
The district court’s colloquy adequately addressed the criteria described in United States v. Cochran, 770 F.2d 850, 852 (9th Cir.1985).
discussed Cited as authority (rule) State v. Chong Hung Han
Haw. · 2013 · confidence medium
That court noted that “the district court should question the defendant to ascertain whether the defendant understands the benefits and burdens of a jury trial and freely chooses to waive a jury.” Id. (citing United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985)).
cited Cited as authority (rule) State v. Blann
N.J. Super. Ct. App. Div. · 2013 · confidence medium
United States v. Cochran, 770 F.2d 850, 851-53 (9th Cir.1985).
discussed Cited as authority (rule) Deidre Pierre v. Mariana Leger
5th Cir. · 2012 · confidence medium
See United States v. Igbinosun, 528 F.3d 387 , 390 n. 4 (5th Cir.2008); Marone v. United States, 10 F.3d 65, 68 (2d Cir.1993) (per curiam); United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985); United States v. Martin, 704 F.2d 267, 275 (6th Cir.1983); United States v. Delgado, 635 F.2d 889, 890 (7th Cir.1981).
discussed Cited as authority (rule) People v. Montoya (2×)
Colo. Ct. App. · 2010 · confidence medium
The purposes of a colloquy were discussed in United States v. Cochran, 770 F.2d 850, 852 (9th Cir.1985): Conducting an adequate colloquy serves three purposes: (1) it more effectively insures voluntary, knowing and intelligent waivers; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal (as in this case) or in habeas proceedings; and (8) it emphasizes to the defendant the seriousness of the decision.
discussed Cited as authority (rule) United States v. Igbinosun
5th Cir. · 2008 · confidence medium
See, e.g., Marone v. United States, 10 F.3d 65, 68 (2d Cir.1993); United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985); United States v. Martin, 704 F.2d 267, 275 (6th Cir.1983); United States v. Delgado, 635 F.2d 889, 890 (7th Cir.1981). 5 .
discussed Cited as authority (rule) State v. Limoz
Haw. App. · 2005 · confidence medium
Defendant avers that the jury waiver colloquy the circuit court conducted with him was inadequate, when viewed in light of the model colloquy described in State v. Friedman, 93 Hawai'i 63, 69 , 996 P.2d 268, 274 (2000): The Ninth Circuit noted that, to ensure a voluntary waiver, the district court should have directly informed the defendant that “(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.” [United States v…
cited Cited as authority (rule) Dickerson v. Mitchell
N.D. Ohio · 2004 · confidence medium
Moreover, failure to conduct an on-the-record colloquy “does not ipso facto constitute reversible error.” United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985).
discussed Cited as authority (rule) State v. Barros
Haw. App. · 2004 · confidence medium
The colloquy in open court informing a defendant of his right to a jury trial at arraignment serves several purposes: “(1) it more effectively insures voluntary, knowing and intelligent waivers ...; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal ...; and (3) it emphasizes to the defendant the seriousness of the decision[.]” United States v. Cochran, 770 F.2d 850, 851-52 (9th Cir.1985). (citations omitted); see also State v. Young, 73 Haw. 217, 221-22 , 830 P.2d 512, 514 (1992) (citing Cochran for the proposition that the preferred method of obt…
discussed Cited as authority (rule) Billy Joe Sowell v. Margaret Bradshaw, Warden (2×)
6th Cir. · 2004 · confidence medium
"Compliance with the requirements of [Federal Rule of Criminal Procedure 23(a)] creates a presumption that the waiver is a voluntary, knowing and intelligent one." United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985); see also United States v. Sammons, 918 F.2d 592, 597 (6th Cir.1990).
discussed Cited as authority (rule) Sowell v. Bradshaw
6th Cir. · 2004 · confidence medium
The only issue with regard to whether Sowell waived his “Compliance with the requirements of [Federal Rule of jury right is whether he “intelligently consented.” According Criminal Procedure 23(a)] creates a presumption that the to the Supreme Court, “the right to jury trial in serious waiver is a voluntary, knowing and intelligent one.” United criminal cases is a fundamental right and hence must be States v. Cochran, 770 F.2d 850, 851 (9th Cir. 1985); see also recognized by the States as part of their obligation to extend United States v. Sammons, 918 F.2d 592, 597 (6th Cir. 1990). …
examined Cited as authority (rule) Jackson v. Commonwealth (4×)
Ky. · 2003 · confidence medium
United States v. Saadya, 750 F.2d 1419, 1420 (9th Cir.1985) (quoting United States v. Guerrero-Peralta, 446 F.2d 876, 877 (9th Cir.1971)); United States v. Robinson, supra note 18 at 422. .See United States v. Robertson, supra note 16 at 1432; United States v. Cochran, 770 F.2d 850, 852-53 (9th Cir.1985); United States v. Martin, supra note 17 at 274-5.
cited Cited as authority (rule) United States v. Nunez
9th Cir. · 2003 · confidence medium
Id. (citing United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985)).
cited Cited as authority (rule) United States v. Demathews
9th Cir. · 2003 · confidence medium
United States v. Cochran, 770 F.2d 850, 853 (9th Cir.1985); United States v. Saadya, 750 F.2d 1419, 1420 (9th Cir.1985). 4.
cited Cited as authority (rule) State v. Stallings
Iowa · 2003 · confidence medium
See, e.g., United States v. Christensen, 18 F.3d 822, 825 (9th Cir.1994); United States v. Cochran 770 F.2d 850, 851-53 (9th Cir.1985); United States v. Martin, 704 F.2d 267, 274-75 (6th Cir.1983).
cited Cited as authority (rule) United States v. Zacarias-Ortiz
9th Cir. · 2002 · confidence medium
See United States v. Duarte-Hi-gareda, 113 F.3d 1000, 1003 (9th Cir.1997); United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985).
examined Cited as authority (rule) United States v. Jay R. Bishop, United States of America v. Gene R. Cardenaz (3×) also: Cited "see"
9th Cir. · 2002 · confidence medium
In addition, Federal Rule of Criminal Procedure 23(a) requires a defendant who chooses to waive a jury trial to do so “in writing with the approval of the court and the consent of the government.” United States v. Cochran, 770 F.2d 850, 852 (9th Cir.1985), teaches that trial courts should conduct a thorough and searching colloquy with the defendant before accepting a jury trial waver.
discussed Cited as authority (rule) Carter v. Newkirk
7th Cir. · 2001 · confidence medium
Dep’t of Corr., 760 F.2d 836 , 844 n. 4 (7th Cir.1985); see also Cabberiza v. Moore, 217 F.3d 1329, 1333-34 (11th Cir.2000); Marone v. United States, 10 F.3d 65, 67 (2d Cir.1993) (per curiam); United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985); United States v. Martin, 704 F.2d 267, 274 (6th Cir.1983); United States v. Hunt, 413 F.2d 983, 984 (4th Cir.1969) (per curiam).
discussed Cited as authority (rule) Cabberiza v. Moore
11th Cir. · 2000 · confidence medium
But see United States v. Tobias, 662 F.2d 381, 387 (5th Cir. Unit B 1981) 9 (refusing to adopt per se rule mandating reversal whenever defendant signs written waiver, but trial court fails “to examine him orally on the record in order to determine whether his waiver of trial by jury was made intelligently and understandingly”); United States v. Robertson, 45 F.3d 1423, 1432 (10th Cir.1995) (“strongly urgfing],” but declining to require, that district courts “personally ... inform each defendant of the nature of jury trials on the record before accepting a proffered waiver”); United…
discussed Cited as authority (rule) Cabberiza v. Moore
11th Cir. · 2000 · confidence medium
But see United States v. Tobias, 662 F.2d 381, 387 (5th Cir. Unit B 1981)9 (refusing to adopt per se rule mandating reversal whenever defendant signs written waiver, but trial court fails “to examine him orally on the record in order to determine whether his waiver of trial by jury was made intelligently and understandingly”); United States v. Robertson, 45 F.3d 1423, 1432 (10th Cir. 1995) (“strongly urg[ing],” but declining to require, that district courts “personally . . . inform each defendant of the nature of jury trials on the record before accepting a proffered waiver”); Unit…
discussed Cited as authority (rule) State v. Friedman
Haw. · 2000 · confidence medium
The colloquy in open court informing a defendant of his right to a jury trial at arraignment serves several purposes: “(1) it more effectively insures voluntary, knowing and intelligent waivers ...; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal ...; and (3) it emphasizes to the defendant the seriousness of the decision[.]” United States v. Cochran, 770 F.2d 850, 851-52 (9th Cir.1985) (citations omitted); see also State v. Young, 73 Haw. 217, 221-22 , 830 P.2d 512, 514 (1992) (citing Cochran for the proposition that the preferred method of obta…
discussed Cited as authority (rule) State v. Bell
Md. · 1998 · confidence medium
See also United States v. Duarte-Higareda, 113 F.3d 1000, 1002-03 (9th Cir.1997) (declining to impose “a colloquy in every case” but suggesting court “should inform the defendant that ... a jury verdict must be unanimous.”); United States v. Robertson, 45 F.3d 1423, 1432 (10th Cir.1995) (joining sister circuit courts that recommend but do not mandate waiver guidelines); Marone v. *729 United States, 10 F.3d 65, 67 (2d Cir.1993) (suggesting that defendant be informed of “fundamental attributes” of jury trial, but Constitution does not require litany); United States v. Cochran, 770 F…
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Sergio DUARTE-HIGAREDA, Defendant-Appellant (2×)
9th Cir. · 1997 · confidence medium
VI; United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985).
discussed Cited as authority (rule) State v. Ellis (2×)
Tenn. Crim. App. · 1997 · confidence medium
United States v. Cochran, 770 F.2d 850, 852 (9th Cir.1985) (citations omitted).
cited Cited as authority (rule) Chunn v. State
Miss. · 1996 · confidence medium
United States. v. Christensen, 18 F.3d 822, 825 (9th Cir.1994); United States v. Cochran, 770 F.2d 850, 852 (9th Cir.1985); United States v. Martin, 704 F.2d 267, 274-275 (6th Cir.1983).
cited Cited as authority (rule) Terrance Rene David v. Ivalee Henry Office of the Attorney General, State of California Daniel E. Lungren, Attorney General
9th Cir. · 1995 · confidence medium
This contention lacks merit. 7 A waiver of defendant's right to a jury trial must be "made voluntarily, knowingly and intelligent." United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
David COCHRAN, Defendant-Appellant
84-1365.
Court of Appeals for the Ninth Circuit.
Sep 6, 1985.
770 F.2d 850
1985 U.S. App. LEXIS 22729
Donald B. Ayer, U.S. Atty., David F. Levi, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee., Jeffrey J. Gale, Law offices of Jon D. Smock, Sacramento, Cal., for defendant-appellant.
Skopil, Reinhardt, Hall.
Cited by 98 opinions  |  Published
REINHARDT, Circuit Judge:

Cochran appeals his conviction for extortion under 18 U.S.C. § 1951. He argues that the district court’s failure to conduct an adequate colloquy with him before accepting his written waiver of a jury trial constitutes reversible error. We disagree.

I. FACTS

In open court, before Cochran signed a waiver of jury trial, his lawyer told the court that he and Cochran had “discussed the pros and cons of various methods to proceed.” He said that they had decided that Cochran would waive his right to a jury trial and have a court trial instead. The following exchange then took place:

THE COURT: Okay. This is agreeable with you, Mr. Cochran—
COCHRAN: Yes, sir.
THE COURT: —that the matter be tried by me without a jury, and that you will be waiving and are waiving your right to a jury trial in this case?
COCHRAN: Yes, Your Honor.

The defendant then executed a written waiver in the presence of the court as required by Fed.R.Crim.P. 23(a). The government did not object to the waiver which the court then accepted. Cochran was convicted at a bench trial.

II. DISCUSSION

A criminal defendant’s right to a jury trial is fundamental. Duncan v. Louisana, 391 U.S. 145, 149, 88 S.Ct. 1444, 1447, 20 L.Ed. 491 (1968). However, a defendant may waive this right if four requirements are satisfied: (1) the waiver is in writing, Fed.R.Crim.P. 23(a); (2) the government consents, id.; (3) the trial court accepts the waiver, id.; and (4) the waiver is made voluntarily, knowingly and intelligently. See Patton v. United States, 281 U.S. 276, 312-313, 50 S.Ct. 253, 263, 74 L.Ed. 854 (1930). Compliance with the requirements of Fed.R.Crim.P. 23(a) creates a presumption that the waiver is a voluntary, knowing and intelligent one. See United States v. Goodwin, 446 F.2d 894, 895 (9th Cir.1971) (per curiam); United States v. Reyes-Meza de Polanco, 422 F.2d 1304, 1305 (9th Cir.) (per curiam), cert. denied, 397 U.S. 1081, 90 S.Ct. 1536, 25 L.Ed.2d 817 (1970).

Cochran contends that rather than relying on the presumption created by a written waiver, trial courts should personally interrogate criminal defendants in a manner that allows the judge to determine clearly whether the voluntary, knowing and intelligent requirement is satisfied. However, the failure of a district judge to conduct such an interrogation does not violate either the Constitution, see, e.g., United States v. Martin, 704 F.2d 267, 274 (6th Cir.1983), or Fed.R.Crim.P. 23(a); nor does it ipso facto require reversal. See Goodwin, 446 F.2d at 895; Reves-Meza de Polanco, 422 F.2d at 1305. There are no additional facts in the record bearing upon the question whether the waiver was voluntary, knowing and intelligent. [1] Therefore, Cochran’s conviction must be affirmed.

[*852] Notwithstanding the result we reach in this case, we strongly believe, along with a number of other circuits, that trial courts should conduct colloquies with the defendant before accepting a waiver of the right to jury trial. See Martin, 704 F.2d at 274; United States v. Anderson, 704 F.2d 117,119 (3d Cir.), cert. denied, — U.S. -, 104 S.Ct. 129, 78 L.Ed.2d 125 (1983); United States v. Scott, 583 F.2d 362, 363-64 (7th Cir.1978); United States v. David, 511 F.2d 355, 361 (D.C.Cir.1975); United States v. Hunt, 413 F.2d 983, 984 (4th Cir.1969). Because a waiver is an “intentional relinquishment or abandonment of a known right,” Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938), a trial court should make sure that a defendant knows what the right guarantees before waiving it. In United States v. Reyes, 603 F.2d 69, 71 (9th Cir.1979), we held that absent a written waiver, an oral stipulation to a trial by fewer than twelve jurors pursuant to Fed.R. Crim.P. 23(b), must be accompanied by a substantial colloquy on the record to insure a voluntary, knowing and intelligent waiver. In so holding, we cited David and Hunt with approval. Id.

Judge Kennedy, writing for the court in Reyes, explained the importance of conducting a colloquy with the defendant before accepting a jury trial waiver:

[Cjourts discussing the validity of a defendant’s waiver of a jury trial under Fed.R.Crim.P. 23(a) have emphasized the importance of detailed questioning of the defendant in open court at the time of the waiver. See, e.g., United States v. David, 167 U.S.App.D.C. 117, 122-123, 511 F.2d 355, 360-62 (1975) Indeed, even when a defendant has signed a written stipulation waiving his right to a jury trial, courts have recognized that “it is better practice for a district judge when advised by a defendant that he desires to waive his right to a jury trial, to interrogate the defendant so as to satisfy himself that the defendant is fully apprised of his rights and freely and voluntarily desires to relinquish them. Such an interrogation would provide the district judge with an additional factual basis on which to grant or withhold his approval of the waiver.” United States v. Hunt, 413 F.2d 983, 984 (4th Cir.1969).

United States v. Reyes, 603 F.2d 69, 71 (9th Cir.1979).

Conducting an adequate colloquy serves three purposes: (1) it more effectively insures voluntary, knowing and intelligent waivers, see Martin, 704 F.2d at 274; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal (as in this case) or in habeas proceedings, id.) and (3) it emphasizes to the defendant the seriousness of the decision, Anderson, 704 F.2d at 119; cf. Reyes, 603 F.2d at 71. Furthermore, retrospective inquiries to determine the validity of waivers are likely to be futile. See United States v. Saadya, 750 F.2d 1419, 1422 n. 3 (9th Cir.1985) (citing United States v. Kimmel, 672 F.2d 720, 732 (9th Cir.1982)); David, 511 F.2d at 362-63. There is, thus, every reason for district courts to conduct a colloquy before accepting a waiver of the right to trial by jury and no apparent reason for not doing so.

Recently, the Sixth Circuit said We implore the district courts to personally inform each defendant of the benefits and burdens of jury trials on the record prior to accepting a proffered waiver.
It then added
Today, we decline to join several courts which have adopted mandatory supervisory rules requiring trial courts to personally interrogate defendants prior to accepting a jury trial waiver. (Citations[*853] omitted.) We are confident that such a rule will be unnecessary since district courts will take a few moments and inform defendants of their jury trial right on the record.

Martin, 704 F.2d at 274-75.

Like the Sixth Circuit, we expect that adoption of a supervisory rule will be unnecessary and that district court will in the future follow the course we are once again urging. [2] Like the Sixth Circuit, we “implore” district courts to inform defendants that (1) twelve members of the community compose a jury; (2) the defendant may take part in jury selection; (3) jury verdicts must be unanimous; and (4) the court alone decides guilt or innocence if the defendant waives a jury trial. See Martin, 704 F.2d at 274-75; United States v. Delgado, 635 F.2d 889, 890 (7th Cir.1981). When district courts provide this information on the record, they help insure that defendants understand the basic mechanics of a jury trial before deciding whether to waive that right. By asking appropriate questions the district court will also be better able to perform its task of determining whether a proposed waiver is in fact being offered voluntarily, knowingly and intelligently. Finally, the record on appeal will be far more informative and helpful, and the need for habeas corpus proceedings will be substantially reduced.

We hold that while it is regrettable that the district court failed to conduct a colloquy with Cochran and thus to establish on the record whether his waiver of a jury trial was voluntary, knowing and intelligent, that omission does not ipso facto constitute reversible error.

AFFIRMED.

1

. When we affirm in failure-to-interrogate cases, we ordinarily do no more than hold that the[*852] unsupplemented record does not disclose a basis for reversal. We have previously said that facts outside the record may be introduced to show that the waiver was not made voluntarily, knowingly, or intelligently but that the proper vehicle for doing so is a habeas corpus proceeding. If Cochran wishes to pursue his claim that the waiver was not made voluntarily, knowingly, or intelligently by introducing facts outside the record he must do so in a habeas corpus proceeding, not a direct appeal. See Goodwin, supra, and Reyes-Meza de Polanco, supra.

2

. Several years ago the Seventh Circuit found it necessary to adopt such a rule in United States v. Scott, 583 F.2d 362 (7th Cir.1978). It made its operation prospective.