Right to Trial by Jury

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" 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

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