{"id":352392,"date":"2023-11-15T13:28:22","date_gmt":"2023-11-15T18:28:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/the-right-to-a-jury-trial.html"},"modified":"2026-07-10T13:28:00","modified_gmt":"2026-07-10T18:28:00","slug":"the-right-to-a-jury-trial","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/the-right-to-a-jury-trial.html","title":{"rendered":"The Right to a Jury Trial"},"content":{"rendered":"\n
\n

The Right to a Jury Trial<\/h1>\n\n
\n
\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

The right to a jury trial is a constitutional guarantee that allows criminal defendants<\/span> to have their case decided by a group of impartial citizens rather than a judge alone. It’s designed to help ensure a fair trial<\/span> by placing the decision in the hands of peers rather than the government.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The right to a jury trial is a fundamental right<\/span> of criminal defendants<\/span> in the American justice system<\/span>. It’s designed to help ensure a fair trial<\/span> by placing the decision in the hands of impartial peers rather than the government. This right originates from English\u00a0<\/span>common law<\/span>. The Framers<\/span> included it in the U.S. Constitution<\/span><\/a> because they believed that ordinary citizens should help check government power in criminal trials<\/span>. Understanding this right and its limitations is crucial for anyone dealing with criminal charges.<\/p>\n

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

If you’re facing prosecution, consider consulting a\u00a0criminal defense lawyer<\/a>. An attorney who’s well-versed in the criminal laws<\/span> of the state<\/a> 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.<\/p>\n

In the meantime, let’s take a look at what the Constitution says about the right to jury trials<\/span>.<\/p>\n

Article III<\/h2>\n

Article III, section 2, clause 3<\/a>\u00a0is the original constitutional source that requires a jury for federal criminal trials<\/span>. It states in part, “The Trial of all crimes \u2026 shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed\u2026”<\/p>\n

The Sixth Amendment<\/span>, part of the Constitution’s Bill of Rights<\/span><\/a>, later provides additional detail that shapes this guarantee.<\/p>\n

Sixth Amendment<\/span><\/h2>\n

The\u00a0Sixth Amendment<\/span><\/a> provided some contours to the Article III jury requirement. It reads, “In all criminal prosecutions<\/span>, the accused shall enjoy the right to a speedy and public trial<\/span>, by an impartial jury<\/span> of the State and district wherein the crime shall have been committed\u2026”<\/p>\n

Application To State Court<\/span><\/h3>\n

Originally, the Sixth Amendment<\/span> only required jury trials for\u00a0criminal defendants<\/span>\u00a0in\u00a0federal courts<\/span>. In Duncan v. Louisiana<\/span><\/em><\/a> (1968), however, the U.S. <\/span>Supreme Court<\/span> held that the Fourteenth Amendment<\/span>‘s<\/a>\u00a0due process clause<\/span><\/a>\u00a0extended this right to state criminal cases<\/span>.<\/p>\n

Serious Offense<\/span> Requirement<\/h3>\n

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

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

Later cases<\/a>, however, clarified that the right to a jury trial can apply if a petty offense<\/span> carries additional severe penalties that make it more serious.<\/p>\n

No Right for Juveniles<\/h3>\n

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

Federal\/State Standards<\/h3>\n

So, if you’re an adult facing criminal charges<\/a> in state or federal court<\/span> 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.<\/p>\n

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

Additional Constitutional Provisions<\/h2>\n

The Fifth and Seventh Amendments<\/span><\/a> also protect the role of federal court<\/span> juries in both criminal and civil cases<\/span>. We briefly explore these safeguards against government overreach below.<\/p>\n

Fifth Amendment<\/h3>\n

Though it doesn’t address jury trials, the Fifth Amendment establishes a grand jury<\/span> requirement<\/a> 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<\/span>\u2026”<\/p>\n

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

Seventh Amendment<\/span><\/h3>\n

The Seventh Amendment<\/span> includes a jury trial provision<\/span> addressing certain civil cases<\/span><\/a>. It says, “In Suits at common law<\/span>, where the value in controversy shall exceed twenty dollars, the right of <\/span>trial by jury<\/span> shall be preserved\u2026” This guarantees the right to a jury trial in federal court<\/span> for limited civil trials<\/span>.<\/p>\n

While criminal jury trials are the focus of our discussion, this right illustrates the framers<\/span>‘ commitment to citizen participation in the justice system<\/span>.<\/p>\n

In the following section, we review key concepts tied to a criminal defendant<\/span>‘s right to a jury trial<\/a>.<\/p>\n

What Is a Jury?<\/h2>\n

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\u00a0trier of fact\u00a0in a jury trial.<\/p>\n

Juries in federal criminal trials<\/span><\/a> typically consist of 12 jurors. State courts<\/span> may use six-person juries for non-capital cases. State criminal trials<\/span> 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<\/span>, according to the Supreme Court<\/span>, are unconstitutional.<\/p>\n

The jury’s job in any criminal case<\/span><\/a> is to determine the defendant’s guilt\u00a0or\u00a0innocence<\/a> based on whether the prosecution proved its case beyond a reasonable doubt. This determination is the\u00a0jury verdict.<\/p>\n

Must a Jury Verdict Be Unanimous?<\/h2>\n

In criminal trials<\/span>, yes.<\/p>\n

Federal courts<\/span> have always required unanimous verdicts<\/a> in criminal jury trials. Until 2020, however, Louisiana<\/span> and Oregon allowed convictions even when one or two jurors disagreed.<\/p>\n

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

What If the Jurors Can’t Agree?<\/h2>\n

When a jury can’t all agree on a verdict, it’s called a hung jury<\/a>.<\/p>\n

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.<\/p>\n

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<\/a> doesn’t block a retrial after a hung jury because the first trial never produced a final verdict.<\/p>\n

Criteria for Juror Eligibility<\/h2>\n

Serving as a juror<\/a> is a\u00a0civic\u00a0duty. To serve as a juror in federal court<\/span>, a person must:<\/p>\n