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To: Ratman83

Is the misdemeanor a civil charge, or a criminal one?
If it is a criminal one then the US Constitution’s 6’th Amendment applies: “In *all* criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury [...]”

If it was a civil charge, then is the fine —or even jail-time which would be spent in employment, IIRC— more than $20?
If that’s the case then the 7th Amendment applies: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved [...]”


144 posted on 02/26/2011 8:00:14 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
If that’s the case then the 7th Amendment applies: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved [...]”

The term $20 probably refers to the value of a $20 gold piece, not the value of a $20 Federal Reserve Note; that amount is sometimes exceeded by civil fines, but not usually.

157 posted on 02/26/2011 10:39:13 AM PST by supercat (Barry Soetoro == Bravo Sierra)
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