The Right to a Jury Trial

The right to a jury trial is a fundamental right of criminal defendants in the American justice system. It’s designed to help ensure a fair trial by placing the decision in the hands of impartial peers rather than the government. This right originates from English common law. The Framers included it in the U.S. Constitution because they believed that ordinary citizens should help check government power in criminal trials. Understanding this right and its limitations is crucial for anyone dealing with criminal charges.

This article explains key principles and historical information to illustrate the importance of the right to a jury trial in the U.S. legal system. We also explore commonly asked questions to give you an idea of how this right operates in practice.

If you’re facing prosecution, consider consulting a criminal defense lawyer. An attorney who’s well-versed in the criminal laws of the state where the offense allegedly occurred can help protect your rights before and during the trial. They can also be particularly effective at negotiating with prosecutors for a potential reduction or dismissal of the charges.

In the meantime, let’s take a look at what the Constitution says about the right to jury trials.

Article III

Article III, section 2, clause 3 is the original constitutional source that requires a jury for federal criminal trials. It states in part, “The Trial of all crimes … shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed…”

The Sixth Amendment, part of the Constitution’s Bill of Rights, later provides additional detail that shapes this guarantee.

Sixth Amendment

The Sixth Amendment provided some contours to the Article III jury requirement. It reads, “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…”

Application To State Court

Originally, the Sixth Amendment only required jury trials for criminal defendants in federal courts. In Duncan v. Louisiana (1968), however, the U.S. Supreme Court held that the Fourteenth Amendment‘s due process clause extended this right to state criminal cases.

Serious Offense Requirement

The Supreme Court has always interpreted this Sixth Amendment right to apply only to trials for serious offenses and not petty crimes. Still, the Court provided additional clarity in Baldwin v. New York (1970).

The Court established that the constitutional right to a jury trial applies only to serious offenses punishable by more than six months in jail. It doesn’t apply to petty offenses carrying maximum sentences of six months or less.

Later cases, however, clarified that the right to a jury trial can apply if a petty offense carries additional severe penalties that make it more serious.

No Right for Juveniles

In 1971, the Supreme Court determined that the Sixth Amendment right to a jury trial doesn’t extend to juveniles. The Court reasoned in McKeiver v. Pennsylvania (1971) that juvenile courts were designed to be flexible, rehabilitative, and informal. It cautioned that juries would make the system too adversarial.

Federal/State Standards

So, if you’re an adult facing criminal charges in state or federal court for an offense punishable by more than six months in jail, you have the right to a jury trial. This is the minimum federal standard.

The states are free to offer greater protections. In fact, many state constitutions grant jury trials to criminal defendants facing charges of lesser crimes. Colorado and Massachusetts, for example, guarantee a jury trial for some misdemeanors that don’t meet the federal standard.

Additional Constitutional Provisions

The Fifth and Seventh Amendments also protect the role of federal court juries in both criminal and civil cases. We briefly explore these safeguards against government overreach below.

Fifth Amendment

Though it doesn’t address jury trials, the Fifth Amendment establishes a grand jury requirement for serious federal criminal charges. It says, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…”

This generally means that federal felony charges require a grand jury indictment before charges can be filed. However, a defendant can waive indictment and proceed by information in non-capital cases.

Seventh Amendment

The Seventh Amendment includes a jury trial provision addressing certain civil cases. It says, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…” This guarantees the right to a jury trial in federal court for limited civil trials.

While criminal jury trials are the focus of our discussion, this right illustrates the framers‘ commitment to citizen participation in the justice system.

In the following section, we review key concepts tied to a criminal defendant‘s right to a jury trial.

What Is a Jury?

A jury is a group of citizens who evaluate evidence in a trial and decide the facts of the case. They are what’s called the trier of fact in a jury trial.

Juries in federal criminal trials typically consist of 12 jurors. State courts may use six-person juries for non-capital cases. State criminal trials where the death penalty is possible, however, often use 12 jurors, but the exact jury size depends on state law. Juries with fewer than six jurors in a criminal trial, according to the Supreme Court, are unconstitutional.

The jury’s job in any criminal case is to determine the defendant’s guilt or innocence based on whether the prosecution proved its case beyond a reasonable doubt. This determination is the jury verdict.

Must a Jury Verdict Be Unanimous?

In criminal trials, yes.

Federal courts have always required unanimous verdicts in criminal jury trials. Until 2020, however, Louisiana and Oregon allowed convictions even when one or two jurors disagreed.

The Supreme Court changed that in Ramos v. Louisiana (2020). In Ramos, the Court held that the constitutional right to a criminal jury trial includes the right to a unanimous verdict. Accordingly, all state criminal cases in which the Sixth Amendment requires a jury now require that all jurors agree before finding a defendant guilty.

What If the Jurors Can’t Agree?

When a jury can’t all agree on a verdict, it’s called a hung jury.

The judge will usually ask a hung jury to keep talking and try again. If they still can’t reach a unanimous decision, the judge will declare a mistrial. This doesn’t mean the defendant is guilty or innocent. Instead, the case is left unresolved.

After a mistrial, the prosecutor must decide what to do next. They might offer a plea deal, retry the case, or even withdraw the charges altogether. Double jeopardy doesn’t block a retrial after a hung jury because the first trial never produced a final verdict.

Criteria for Juror Eligibility

Serving as a juror is a civic duty. To serve as a juror in federal court, a person must:

• Be a U.S. citizen

• Be at least 18 years old

• Reside within the federal judicial district

• Be able to read, write, speak, and understand English

• Have no disqualifying mental or physical conditions

• Not currently charged with a felony

• Not have a felony conviction unless their civil rights have been restored

Exact eligibility rules for state court vary by jurisdiction.

If the court calls someone to jury duty, they’ll typically report for jury selection.

Jury Selection

Jury selection is also called voir dire.

During jury selection, the judge and the attorneys question potential jurors to assess whether they can serve as a juror in a particular case. These questions may reveal biases that could affect the case’s outcome. The attorneys may each strike potential jurors if they believe the juror cannot render a fair and impartial verdict.

What’s the Alternative to a Jury Trial?

A bench trial, where a judge presides over the case and determines guilt or innocence.

Bench trials can be helpful if your case involves technical or legal issues that a judge may be able to understand better than ordinary citizens. However, it removes the chance that at least one juror might disagree and block a conviction.

Jury trials can also be desirable if you think a group of peers might be more open to your story. But juries can be unpredictable and may misunderstand complex evidence.

Both options offer different risks and benefits depending on the case. If you and your attorney determine a bench trial may be most advantageous, you must formally waive your right to a jury trial.

Waiving the Right to a Jury Trial

In federal court, you must first clearly tell the judge that you wish to waive your right to a jury trial. The judge will question you to make sure that:

• Your choice is voluntary

• You understand what a jury trial is

• You understand what you’re giving up

The waiver must be in writing and signed by the defendant. If the prosecutor agrees, and the judge accepts your waiver, the judge will hear the evidence and decide the verdict.

State court waiver requirements can vary.

Will I Get a Jury Trial on Appeal?

No. Jury trials are only available at the trial court or district court level.

Appellate courts don’t use juries. Instead, a panel of judges decides criminal appeals by reviewing the lower court record to determine if a legal error was made.

Discuss Your Rights with an Attorney

The right to a jury trial is significant for anyone accused of a crime. To learn more about how the right to a jury trial can affect you and any charges you face, talk to an experienced criminal defense attorney. A solid defense lawyer can give you valuable legal advice about the following:

• Specific legal defenses for your criminal charges

• Whether a waiver of your right to a jury trial would benefit your defense

• Whether your criminal charges, such as DUI, entitle you to a jury trial

Contact a criminal defense attorney as soon as possible to preserve and discuss all your options.