The summary judgment standard does not offend the constitutional right to trial by jury because "it was not the purpose of [article I, section 21] to render the intervention of a jury mandatory... where no issue of fact was left for submission to, or determination by, the jury."... Accordingly, the anti-SLAPP statute does not violate the right to trial by jury where the court utilizes a …

The Brandon court found that a jury determination of the degree of murder and the punishment were not constitutionally required when the defendant pleaded guilty to second degree murder and was sentenced accordingly by the trial court.

This provision is a guaranty that the right of trial by jury shall not be impaired by legislative or judicial action.

This latter prohibition logically follows because guilty pleas are essentially substitutes for a conviction pursuant to trial.

This court has previously held that the use of the word "inviolate" in article I, section 21 does not mean that "a trial by jury is imperative and compulsory in every instance, regardless of whether or not the accused by his plea has raised an issue of fact triable by a jury."

Clearly, the Constitution continues the right to jury trial in that class of cases in which it existed either at common law or by statute at the time of the adoption of the Constitution, 50 CJS Juries § 10, and in that class of cases where the right to a trial by jury existed prior to the Constitution, it cannot be denied by the legislature.

"Such plea is a confession of guilt and is equivalent to a conviction, leaving no issue for the jury,***."

Courts have held that such statutes do not make an instruction on the lesser offenses mandatory, in absence of evidence of the lesser offenses.

The plea entered by the defendant must be guilty or not guilty or former jeopardy or acquittal.'The plea of guilty should be entirely voluntary by one competent to know the consequences and not induced by fear, apprehension, persuasion, promises, inadvertance or ignorance

In Washington, a jury is required to determine the penalty if the charge is first degree murder.'By making his plea of guilty, the accused admits facts pleaded in the charge, and waives all defense except that the information or indictment charges no offense; that is, the facts admitted do not constitute the elements of any crime