Post by Jim on Feb 10, 2009 8:55:58 GMT -5
Seventh Amendment - Civil Trials
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.
Other Notes:
The government exercises no greater power than when it seeks to take away someone’s freedom. When someone is accused of a crime, the possible penalties include the loss of liberty and in some instances the loss of life. The Constitution places citizen jurors between the government and the exercise of this power over other individuals of society.
The Supreme Court has determined that if a crime has a potential penalty of more than six months in jail, the accused has a right to a jury trial. A simple charge of driving on a suspended license carries a possible year in jail. That person can have a jury decide if he is guilty or not guilty.
The right to a jury for a criminal defendant is so important that he cannot give up that right to plead guilty without doing so publicly and in open court. The judge must inquire if the defendant understands what a jury is and what it does and if the defendant fully understands that he is giving up that right by pleading guilty.
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.
Georgia Code pertaining to your right to a jury trial.
OCGA 9-11-38. Right to jury trial...
The right of trial by jury as declared by the Constitution of the state or as given by a statute of the state shall be preserved to the parties inviolate.
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.
Other Notes:
The government exercises no greater power than when it seeks to take away someone’s freedom. When someone is accused of a crime, the possible penalties include the loss of liberty and in some instances the loss of life. The Constitution places citizen jurors between the government and the exercise of this power over other individuals of society.
The Supreme Court has determined that if a crime has a potential penalty of more than six months in jail, the accused has a right to a jury trial. A simple charge of driving on a suspended license carries a possible year in jail. That person can have a jury decide if he is guilty or not guilty.
The right to a jury for a criminal defendant is so important that he cannot give up that right to plead guilty without doing so publicly and in open court. The judge must inquire if the defendant understands what a jury is and what it does and if the defendant fully understands that he is giving up that right by pleading guilty.
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.
Georgia Code pertaining to your right to a jury trial.
OCGA 9-11-38. Right to jury trial...
The right of trial by jury as declared by the Constitution of the state or as given by a statute of the state shall be preserved to the parties inviolate.
Personally, I think all trials, CIVIL and criminal should be done with a jury. So many are not and that gives judges a free pass....For any system to work I think it has to be in the hands of citizens, like jury trials. Complaints about judges and lawyers should be heard by citizens and citizens should be the ones that remove and sanction judges and lawyers.
