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