Right to a jury trial in criminal cases

Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. The Right to Trial by Jury. Serious Offenses Only According to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it.

Blanton v. City of N. Las Vegas , U. Adding Up Offenses Prosecutors regularly file more than one charge against defendants. State-Law Protection The Supreme Court's determination of what constitutes a serious offense and thereby entitles one to a jury trial sets a minimum standard. Talk to a Lawyer It's possible that the decision as to whether to go to trial will rest largely on whether a judge or a jury will be the fact finder. Talk to a Lawyer Start here to find criminal defense lawyers near you.

Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Whether a particular offense is serious or petty largely depends on the legislature's view.

Offenses are presumptively "petty" when they carry a maximum sentence of six months or less Baldwin v. New York, 90 S. Ct A defendant charged with such an offense may be entitled to a jury trial if he can demonstrate that additional statutory penalties, such as a fine or loss of privileges, in conjunction with the authorized prison term, reflect the legislature's intent that the offense be treated as "serious" see Blanton v.

Ct and United States v. Nachtigal, S. Article First, Section 19 of the Connecticut Constitution provides that "the right to trial by jury shall remain inviolate. Wheeler, 37 Conn. Boschen, Conn. A literal reading of Boschen would guarantee a right to a jury trial for all crimes, except drunkenness, profane swearing, cursing, or Sabbath-breaking see Connecticut Statutes Title XLVI, Ch.

Most courts have not interpreted Boschen literally, but have instead applied the "petty" offense rule adopted by the U. Supreme Courts see, Wheeler, supra and State v. Anonymous, 6 Conn. Section b of the Connecticut General Statutes provides, in relevant part, that "there is no right to trial by jury in criminal actions where the maximum penalty is a fine of one hundred ninety-nine dollars or in any matter involving violations payable through the centralized infractions bureau where the maximum penalty is a fine of five hundred dollars or less.

Sheldon, 5 Conn. Wheeler, supra. In Mitchell v. Superior Court 49 Cal 3 rd the California Supreme Court ruled that a fundamental difference existed between the right to a jury trial under the state and federal constitutions. Under the federal standard the right to a jury trial is for "serious" offenses, triggered by an authorized term of imprisonment exceeding six months.

The California right extends to so-called petty offenses, including all misdemeanors. According to the court, the drafters of the California Constitution intended the right to a jury trial to extend to anyone who might be imprisoned for a criminal offense.

California's criminal code punishment structure is different from Connecticut's. There, unless the statute designates differently, all misdemeanors are punishable by a maximum prison term not exceeding six months. That means that during a trial, you and your attorneys have the right to question any witnesses. The Sixth Amendment also guarantees your right to have an attorney represent you in a criminal case.

If you cannot afford an attorney, the court will appoint one for you at the expense of the government. You do have the right to defend yourself if you want to as well. But a judge may require that an attorney represent you if they believe it is necessary. The Fifth Amendment protects your right to not self-incriminate at your own trial.

You do not have to testify when you are the defendant. And the court will instruct the jury not to use your silence against you. But there are some important exceptions to this rule. You can be charged by different court systems for actions that arise out of the same event.

The rights of criminal defendants to a speedy trial by an impartial jury are protected by the Sixth Amendment to the United States Constitution. The complete text of the Seventh Amendment as adopted states:. While that might seem a trivial amount today, in , twenty dollars was more than an average working American earned in a month. According to the U. Rather than prosecution for criminal acts, civil cases involve disputes such as legal liability for accidents, breach of business contracts, most discrimination, and employment-related disputes, and other non-criminal disputes between individuals.

In civil actions, the person or organization filing the lawsuit seeks payment of monetary damages, a court order preventing the person being sued, from engaging in certain acts, or both. As is the case with many provisions of the Constitution, the Seventh Amendment as written provides few specific details of how it should be applied in actual practice.

Instead, these details have been developed over time by both the federal courts , through their rulings and interpretations, along with laws enacted by the U. The effects of these court interpretations and laws are reflected in some of the main differences between criminal and civil justice. Unlike civil misdeeds, criminal acts are considered to be offenses against the state or the entire society. For example, while a murder typically involves one person harming another person, the act itself is considered to be an offense against humanity.

Thus, crimes like murder are prosecuted by the state, with charges against the defendant filed by a state prosecutor on behalf of the victim.

In civil cases, however, it is up to victims themselves to file the suit against the defendant. While criminal cases almost always result in a trial by jury, civil cases. Many civil cases are decided directly by a judge. While they are not constitutionally required to do so, most states voluntarily allow jury trials in civil cases.