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In criminal cases, the Sixth (right to a jury trial) and Fourteenth (applying the 6th the states) Amendments guarantee the right to a jury trial when the crime charged carries a maximum punishment of more than six months. No right attaches if mutliple "petty" crimes are charged, each with a maximum punishment less than six months, but collectively with a potential punishment greater than six months.

The Seventh Amendment guarantees the right to a jury trial in civil cases, but when the right applies is a little complicated. The right only applies in federal court (it hasn't been incorporated against the states), and only in cases that traditionally would have been "at law" where the amount in controversy is over $20. Cases that would have been brought in a court of law (as opposed to a court of equity) are predominately suits for money damages. Suits asking for injunctions or restitution (as opposed to straight damages) would have traditionally been "at equity" and so no right to jury trial attaches. Things can get even more complicated when part of a lawsuit would have been "at law" (so you have the right to a jury) and part would have been "at equity" (where you don't). Those situations are left up to the judge to figure out, but at a minimum, you must have a jury for the "at law" part of the case.

Interestingly, there is no right to a bench trial. That is, there is no right not to have a jury.

I just wanted to comment and say that, this person is right until the end^^, a right is a right. When you have a right to do something you can willingly give up that right. So yes it is your right to "not" have a jury trial and to have a so called "benched" trial...

That is the sixth amendment.

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9y ago
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10y ago

The Sixth Amendment to the US Constitution guarantees the right to trial by an impartial jury.

"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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

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VI and VII

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6 and 7

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Q: What Amendment of the US Constitution guarantees a right to a jury trial?
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This amendment guarantees you a trial by your peers?

There is no Amendment that guarantees a trial by a jury of one's peers. The 6th Amendment guarantees the right of trial by an impartial jury, but not of a jury composed of one's peers.


Which amendment guarantees the right to a lawyer during a trial?

6th amendment


Which amendment guarantees people the right to a lawyer during trial?

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What is Punishment without trial?

No. The Sixth Amendment of the Constitution guarantees the right to a public trial in criminal cases; the Seventh Amendment guarantees the right to a jury trial in suits at common law, but only in federal court and only certain conditions.The Constitution prohibits punishment without due process. That may or may not involve a trial, depending on circumstances.


Right of the sixth amendment?

The sixth amendment to the United States Constitution guarantees that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury. The right to have an attorney.


Which amendment assures the right to a jury trial in cases involving the common law?

The Seventh Amendment of the U.S. Constitution guarantees the right to a jury trial in civil cases that involve the common law where the value in controversy exceeds twenty dollars.


Importance of sixth amendment?

It guarantees the right to a speedy and fair trial


What is a good sentence using the word bills of attainder?

The US Constitution does not permit bills of attainder because the sixth Amendment guarantees a right to a trial.


The constitution guarantees you the right to what type of trial?

by your peers and fast and speedy


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The Eighth Amendment to the US Constitution.


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What amendment gives you the freedom to have a lawyer?

The Sixth Amendment in the United States Constitution guarantees the right to legal counsel for individuals accused of a crime. This right ensures that everyone has a fair trial and adequate representation in court.