Eleanor Finch
The right to a jury trial in the United States is guaranteed by the Sixth Amendment of the Constitution, which states that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury. This right was first established in Article III, Section 2 of the Constitution, which states that the Trial of all Crimes, except in Cases of Impeachment, shall be by Jury. The Seventh Amendment further protects the right to a jury trial in civil cases, while the Fifth Amendment requires that the government secure an indictment through a grand jury for certain crimes before pursuing a trial.
| Characteristics | Values |
|---|---|
| First mention in the Constitution | Article III, Section 2 |
| First Amendment to mention jury trials | Sixth Amendment |
| Other Amendments mentioning jury trials | Fifth, Seventh, Ninth, Tenth, Fourteenth |
| Type of jury trial | Criminal, civil |
| Number of jurors | 12 |
| Right to jury trial in state court proceedings | Not guaranteed by the Constitution, but most state constitutions provide this right |
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What You'll Learn
The Sixth Amendment
However, the right to a jury trial under the Sixth Amendment is not absolute. The Supreme Court has interpreted this right to apply only to "serious offenses", excluding "petty offenses". Additionally, the Amendment only applies to criminal trials in federal court, and it was not until 1968 that the Supreme Court ruled that the Sixth Amendment's right to a jury trial applied to state courts as well.
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Article III
> The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
The Sixth Amendment imposes other requirements related to the right to a jury trial, including that the trial be speedy and public, and that the trial take place before an impartial jury summoned from the state and district in which the crime was committed. The Supreme Court has held that the Sixth Amendment's right to a jury, including the requirement that a jury verdict be unanimous, applies to the states through the Fourteenth Amendment.
The Seventh Amendment guarantees a jury trial in civil cases at law in federal court. The Supreme Court has not held that the Seventh Amendment's guarantee of the right to a civil trial by jury applies to the states through the Fourteenth Amendment. However, most state constitutions include this right. In suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, other than according to the rules of common law.
During the Philadelphia Convention, the delegates raised the issue of whether the Constitution should include a right to a jury trial in civil cases. Some delegates supported such a provision, but observed that the diversity of state courts' practices in civil trials made it difficult to draft a suitable provision. A motion to insert a clause in Article III, § 2, to guarantee that a trial by jury shall be preserved as usual in civil cases was defeated due to this concern. When the Constitution was ratified, several states urged Congress to provide a right to a jury in civil cases as one of the amendments.
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The Seventh Amendment
> "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
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Jury nullification
The right to a jury trial in the United States is enshrined in the Sixth Amendment to the U.S. Constitution, which states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury". The Seventh Amendment further protects the right to a jury trial in civil cases involving disputes over a certain monetary threshold. The jury trial was a symbol of liberty and justice even before the Revolutionary War, acting as a safeguard against arbitrary or corrupt trial judges.
There are differing perspectives on jury nullification. Some view it as an important safeguard against wrongful imprisonment and government tyranny, while others see it as a violation of the right to a jury trial and the oath sworn by jurors. Jury nullification may also occur in civil suits, where the verdict is generally a finding of liability or lack of liability. In civil trials, if the jury's verdict is clearly at odds with the evidence, the judge can issue a judgment notwithstanding the verdict.
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The Ninth Amendment
The US Constitution's Ninth Amendment is part of the Bill of Rights, which comprises the first ten amendments to the Constitution. The Ninth Amendment guarantees the right to a trial by jury in certain circumstances.
> "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
This amendment ensures that in civil cases where the disputed amount exceeds $20, individuals have the right to a trial by jury. It also establishes that facts decided by a jury in such cases cannot be re-examined or overturned by a US court, except in accordance with common law principles.
The right to a trial by jury is further reinforced by the Sixth Amendment, which states that in criminal prosecutions, the accused has the right to a "speedy and public trial" by an "impartial jury" from the state and district where the crime was committed. Additionally, the Fifth Amendment provides protection against double jeopardy, ensuring that no person shall be twice put in jeopardy of life or limb for the same offence.
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Frequently asked questions
The right to a jury trial in criminal cases is first mentioned in Article III, Section 2 of the US Constitution. This was then expanded upon in the Sixth Amendment, which states that "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".
The Sixth Amendment was ratified in 1791 as part of the Bill of Rights. It guarantees several rights to criminal defendants, including the right to a jury trial, a speedy trial, and the right to confront witnesses, among others.
Yes, the Seventh Amendment preserves the right to a jury trial in civil cases involving disputes over a certain monetary threshold. This Amendment was also ratified in 1791.
