Right to Trial by Jury: Difference between revisions
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Revision as of 09:52, 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.
Notes
- ↑ Baldwin v. New York, 399 U.S. 66 (1979)
