Difference between revisions of "Right to Trial by Jury"
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In the United States, the defendant has a right to jury trial for everything but "petty offences" <ref>Baldwin v. New York, 399 U.S. 66 (1979)</ref> The United States Supreme Court has concluded that petty offenses include offenses for which the defendant can be sentenced to more than six months. The right to a jury trial does not hinge on whether the defendant is actually sentenced to prison or not. Both the defendant and the prosecutor must waive the right to a jury trial. In cases where both parties waive the right to a jury trial, the judge acts as the factfinder. This is called a bench trial. | In the United States, the defendant has a right to jury trial for everything but "petty offences" <ref>Baldwin v. New York, 399 U.S. 66 (1979)</ref> The United States Supreme Court has concluded that petty offenses include offenses for which the defendant can be sentenced to more than six months. The right to a jury trial does not hinge on whether the defendant is actually sentenced to prison or not. Both the defendant and the prosecutor must waive the right to a jury trial. In cases where both parties waive the right to a jury trial, the judge acts as the factfinder. This is called a bench trial. | ||
| − | The jury may have as few as 6 people and the panel must be selected from a group that is representative of the general population in which the defendant is being charged.<ref>Taylor v. Louisiana, 419 U.S | + | The jury may have as few as 6 people and the panel must be selected from a group that is representative of the general population in which the defendant is being charged.<ref>Taylor v. Louisiana, 419 U.S. 522 (1975)</ref> |
=Notes= | =Notes= | ||
<references/> | <references/> | ||
Revision as of 10:56, 10 August 2010
Background
In many jurisidctions the defendant has a right to a jury trial. A jury trial is a trial in which normal citizens, not judges, make findings of either fact or law that are binding on the defendant.
United States
In the United States, the defendant has a right to jury trial for everything but "petty offences" [1] The United States Supreme Court has concluded that petty offenses include offenses for which the defendant can be sentenced to more than six months. The right to a jury trial does not hinge on whether the defendant is actually sentenced to prison or not. Both the defendant and the prosecutor must waive the right to a jury trial. In cases where both parties waive the right to a jury trial, the judge acts as the factfinder. This is called a bench trial.
The jury may have as few as 6 people and the panel must be selected from a group that is representative of the general population in which the defendant is being charged.[2]
