Trial by jury; how waived

§ 2. Trial by jury in all cases in which it has heretofore been\nguaranteed by constitutional provision shall remain inviolate forever;\nbut a jury trial may be waived by the parties in all civil cases in the\nmanner to be prescribed by law. The legislature may provide, however, by\nlaw, that a verdict may be rendered by not less than five-sixths of the\njury in any civil case. A jury trial may be waived by the defendant in\nall criminal cases, except those in which the crime charged may be\npunishable by death, by a written instrument signed by the defendant in\nperson in open court before and with the approval of a judge or justice\nof a court having jurisdiction to try the offense. The legislature may\nenact laws, not inconsistent herewith, governing the form, content,\nmanner and time of presentation of the instrument effectuating such\nwaiver.\n