decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
contradictory advice | 244 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
contradictory advice
Authored by: IANALitj on Saturday, May 25 2013 @ 12:52 AM EDT
Sorry, PJ, but this is not a matter of waiver.

http://www.burdenofproof.org/benchtrial.html says flatly

"Under the sixth amendment of the United States Constitution, every citizen
is entitled to a trial by jury if he or she is accused of a crime. This
protection applies to any type of criminal case, regardless of the severity of
the offense."

In contrast,
http://criminal.lawyers.com/Criminal-Law-Basics/Criminal-Law-Bench-Trials-No-Jur
y-Required.html says

"It's commonly believed that defendants are guaranteed the right to a trial
by jury. However, this isn't always the case. The right to a jury trial doesn't
extend to 'petty offenses.' Petty offenses are generally those that carry a
maximum penalty of six months in jail and a maximum fine of $5,000."

Six months in jail is a considerable punishment by many people's standards.

I cannot see how these two quotations can be made consistent. Either there is
or is not a Sixth Amendment right to a jury trial for a "petty
offense."

I suppose that it is possible that in some jurisdictions, there is a right to a
trial by jury in every criminal case, even cases of "petty offenses."
I do not believe that this is generally the case, however. The administrative
burden would be immense.

The exact details of the right to a jury as a constitutional matter are still
being worked out. See, e.g., the opinions in Lewis v. United States, 518 U.S.
322 (1996) which may be read at
http://supreme.justia.com/cases/federal/us/518/322/ .



[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )