Right to Jury Trial Under 6th and 7th Amendments - Explained
When is there a Right to a Jury Trial?
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What is the right to a Jury Trial under the 6th and 7th Amendments?
The 6th and 7th Amendments to the Constitution guarantee the right to trial by jury in criminal and civil cases, with certain exceptions. The right to trial by a jury varies between criminal and civil cases.
Each of these is discussed in greater detail below.
Next Article: Jury Votes Required for Guilt or Liability Back to: US COURT SYSTEM
What is the right to a jury trial in civil cases?
The 7th Amendments does not guarantee a right to a jury trial in every trial.
In civil cases, the right to a jury trial is linked to a dollar amount in controversy between the parties.
States may have courts of special jurisdiction that have an amount-in-controversy limit and do not allow for a jury trial.
If the parties want a jury trial, however, either party has the option of filing the case in a superior court of general jurisdiction, where a jury trial is an option.
In this way, each party's access to a jury trial is not limited.
Parties may also enter into contracts that forgo the right to a jury trial in the event of dispute.
What is the right to a jury trial in criminal cases?
The 6th Amendment allows for a right to jury trial in all prosecutions.
Also, Due Process (5th and 14th Amendments) requires that criminal cases in which a party faces potential imprisonment afford her a jury trial.
Very minor criminal infractions that involve a fine and no potential for incarceration often do not allow for a jury trial.
For example, a citation for speeding may not entitle a party to a jury trial.
Can a Judge serve as the Jury?
In criminal cases the defendant may elect to forgo a jury trial and have the judge act as fact finder.
In civil cases, if the right to jury trial exists, both parties must consent to forgo the right to a jury trial.
Do you believe that every civil and criminal case should be entitled to a jury trial? Is there a good justification for tying the right to a jury trial to an amount in controversy or incarceration?
- Most people are aware that the US Constitution guarantees a right to a jury trial in all criminal proceedings. It guarantees a right to a jury trial in civil trials with a value of $20 or more at stake. This is a federal right that has not been incorporated to apply under state law. Most would argue that the government should not be able to incarcerate a person unilateral without subjecting that person to trial by a jury of her peers. The opinion on whether a trial should be tied to an amount in controversy is subject to varying opinions. Some might argue that any situation where the government will enforce the outcome of a trial should have a right to a jury - regardless of the amount at stake. Others look at the practicalities of allowing such a system and argue that it would overwhelm the court system. Recall, most states limit the right to jury trial in municipal and magistrate courts.
Carla has a dispute with her electrician, Dan, over her bill for electrical work. Carla claims that Dan quoted a price of $300 for the work and then increased the price to $750 after the work was completed. She does not want to pay the higher amount. Dan ultimately sues Carla in the local magistrates court, which does not allow for jury trials. What are Carlas options in this situation?
- Carla can request the trial be removed to a trial court that allows for jury trial. If there is no automatic right to removal to a higher court, Carla could bring a counterclaim against the contractor (such as fraud). This could have the effect of putting the claim or amount in controversy beyond the magistrate courts subject-matter jurisdiction. Alternatively, she can proceed in the magistrates court with the magistrate as fact finder.
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?