It’s not widely known, but a defendant is NOT guaranteed a jury trial if the penalty he faces is six months imprisonment, or less.
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It’s not widely known because it’s an utter fabrication.
> It’s not widely known, but a defendant is NOT guaranteed a jury trial if the penalty he faces is six months imprisonment, or less — It’s not widely known because it’s an utter fabrication. <
It’s almost unbelievable, but it’s true, That’s how the Feds convicted Sheriff Joe Arpaio by the way. They charged him with a crime carrying a sentence of six months or less. Joe requested a jury trial. It was denied, and Joe was pronounced guilty by a judge.
This is deliberately ignoring the Constitution. The 6A says “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury...”.
No, the US Supreme Court has ruled. “All” only means if the penalty is more than six months imprisonment (there are a few other conditions). Otherwise you are NOT guaranteed that right to a jury. It is up to the whim of the judge,
Some states have given defendants additional protections. What I just said there applies to federal crimes and some state crimes. It depends on the state.
Here’s a quick read:
https://www.nolo.com/legal-encyclopedia/the-right-trial-jury.html