Wednesday, February 10, 2010

True or false; the United States Constitution calls for trial by jury.?

Technically the US Constitution says that citizens are guaranted the right to a trial by jury. This means that you can choose to have a jury or not. So the answer in is false.





Sixth Amendment:


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.True or false; the United States Constitution calls for trial by jury.?
It depends on what kind of trial.





From wikipedia: ';Petty offenses鈥攖hose punishable by imprisonment for not more than six months鈥攁re not covered by the jury requirement. Even where multiple petty offenses are concerned, the total time of imprisonment possibly exceeding six months, the right to a jury trial does not exist (Lewis v. US, 1996). Proceedings in state juvenile courts do not require juries either.';











The rule of trial by jury also does not necessarily apply to state courts - you only get a jury in a serious crime. When ';trial by jury'; is mentioned in the Constitution, it only applied to federal courts. The right to have a trial by jury in state courts was granted later.








';In the United States, because jury trials tend to be high profile, the general public tends to overestimate the frequency of jury trials. Approximately 150,000 jury trials are conducted in state courts in the U.S., and an additional 5,000 jury trials are conducted in federal courts. Two-thirds of jury trials are criminal trials, one-third are civil and ';other'; (e.g., family,, municipal ordinance, traffic). Nevertheless, the vast majority of cases are in fact settled by plea bargain which removes the need for a jury trial.';True or false; the United States Constitution calls for trial by jury.?
Not attorney and image there must tons of definitions of jury, so depends on your definition. Constitution calls for jury of peers.
FALSE!
True, any American that has gone through our free schooling should know that.

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