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To: Mojave
This court has said that, in prosecutions by a state, the exemption will fail if the state elects to end it.

This court has ruled that consistently with those amendments trial by jury may be modified by a state or abolished altogether.

You're absolutely right of course. But some people don't like facts to get in their way.

407 posted on 01/17/2006 8:08:28 AM PST by Tarkin (Impeach Justice Ginsburg)
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To: Tarkin; Mojave
Mojave misinforms on "abolish":

This court has ruled that consistently with those amendments trial by jury may be modified by a state or abolished altogether.

Tarkin "absolutely" agrees:

You're absolutely right of course. But some people don't like facts to get in their way.

The bold fact from the 6th :

"-- 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 wherein 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. --"

Now you two may imagine that Courts can absolutely "abolish altogether"; our right to a jury trial in criminal cases, but that is NOT what the Constitutions 6th clearly says.

'Absolutists' find themselves in very odd positions. Why on earth would any rational person want to abolish jury trials?

484 posted on 01/18/2006 7:19:47 AM PST by don asmussen
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