R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 12-17-3 (2026)

Waiver of jury trial — Special findings and rulings

✓ current as of July 2026
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In all criminal cases the accused may, if he or she shall so elect and with the leave of the court, waive a trial by jury, and in those cases the court shall have jurisdiction to hear and try the cause without a jury and render judgment and pass sentence. In cases so tried the court shall, upon request of the accused, make special finding upon any issue of fact and special ruling upon any question of law arising in the case.

Notes of Decisions
Cited in 9 cases, 1981–2019 · leading case: State v. DiPetrillo, 922 A.2d 124 (R.I. 2007).
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State v. DiPetrillo, 922 A.2d 124 (R.I. 2007). · cites it 6× “Furthermore, in jury-waived criminal cases, the accused may request that the court make special findings of fact or special rulings on questions of law in accordance with G.L.1956 § 12-17-3 [7] and Rule 23(c). "As applied to criminal trials without a jury, Rule 23(c) provides: *…”
State v. Patrick Cahill, 196 A.3d 744 (R.I. 2018). · cites it 4× “1956 § 12-17-3 and Rule 23(c) of the Superior Court Rules of Criminal Procedure, he maintains that this issue has been preserved for our consideration on appeal, arguing that the record clearly allowed for the trial justice to consider simple assault as a lesser-included offense.”
State v. Cruz, 517 A.2d 237 (R.I. 1986). · cites it 4× “Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.”
State v. LaCroix, 911 A.2d 674 (R.I. 2006). · cites it 2× “gues that defendant waived his right to raise the aforementioned claims of error because he did *679 not object at any point during trial to the trial justice’s allegedly erroneous application of the law and failed to request that the trial justice place specific findings of…”
State v. Julio Morais, 203 A.3d 1150 (R.I. 2019). · cites it 2× “1992) ; see G.L. 1956 § 12-17-3 ; Super. R. Crim. P. 23(a) ; but see Singer v.”
State v. Moran, 605 A.2d 494 (R.I. 1992). · cites it 2× “Rhode Island law is well settled that a criminally accused defendant has an absolute right to waive a trial by jury if the waiver is knowing, intelligent, and voluntary.”
State v. Vinagro, 433 A.2d 945 (R.I. 1981). “1956 (1969 Reenactment) § 12-17-3. Vinagro argues that the General Assembly acted unconstitutionally when it failed to provide a de novo appeal to the Superior Court for violation convictions first found in the District Court.”
State v. Pari, 546 A.2d 175 (R.I. 1988). “1956 (1981 Reenactment) § 12-17-3. Rule 23(a) of the Superior Court Rules of Criminal Procedure requires that the waiver take place in open court, in writing, and with approval of the court.”
State v. Julio Morais (R.I. 2019). · cites it 2× “1992); see G.L. 1956 § 12-17-3; Super. R. Crim. P. 23(a); but see Singer v.”
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