Right of the Accused to Trial by Jury

Right of the Accused to Trial by Jury
	THE AMERICAN JURY BULWARK OF DEMOCRACY		About the Project Constitutional Rights Foundation Chicago Chicago Historical Society National Endowment for the Humanities
AN ONLINE RESOURCE GUIDE
Lessons and Activities Jury Trials for the Classroom Resources from the Chicago Historical Society Web Resources Print Resources Site Index HISTORY AND PURPOSE Origins of the American Jury Formation of the American Jury STRUCTURE Introduction to Trial by Jury Grand Jury Right of the Accused to Trial by Jury Jury Selection: Voir Dire Jury of One's Peers Jury Deliberation ISSUES Evidence Jury Nullification Jury Trials and the Media Jury Damage Awards Comparative Jury Systems FUTURE Jury in American Society Jury Reform Future of the American Jury		The Sixth Amendment to the United States Constitution 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." Every state constitution carries a similar guarantee to the right to jury trial in criminal cases. In practice, however, not all criminal prosecutions require a jury trial. The Supreme Court has consistently excluded "petty offenses," as distinguished by their punishment or the nature of the offense itself, from triggering this right. State courts, moreover, were not bound by this standard or the Sixth Amendment jury guarantee until 1968, when the Court incorporated it through the Due Process Clause of the Fourteenth Amendment (Duncan v. Louisiana, 391 U.S. 145). In both state and federal courts, an accused person still may waive the right to a trial by jury in favor of a bench trial before a judge. This section of "The American Jury" provides lessons and resources for explaining the evolution of the right of the accused to trial by jury in both federal and state courts. It also includes information about the further development of this right as it relates to the jury's role as "triers of fact" in criminal proceedings.		LIST OF LESSONS Duncan v. Louisiana and the Incorporation of the Sixth Amendment Right to Trial by Jury Case Study: Five Easy Steps Case Study: Five Easy Steps Worksheet LINKS TO RELEVANT SITES Duncan v. Louisiana, 391 U.S. 145 (1968) 6th Amendment to the U.S. Constitution Right to Trial by Impartial Jury 14th Amendment to the U.S. Constitution Apprendi v. New Jersey, 000 U.S. 99-478 (2000) PDF format
		PRINT RESOURCES Duncan v. Louisiana, 391 U.S. 145 (1968). Apprendi v. New Jersey, 000 U.S. 99-478 (2000) Asseo, Laurie. "Expanded right to jury trial means more appeals buy criminal defendants," Associated Press, October 30, 2000. Patrick, John J. "Incorporation Doctrine," The Young Oxford Companion to the Supreme Court of the United States (1994).
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