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To: Navy Patriot

No jury. “Because he was charged with a misdemeanor, she said, he was not entitled to a jury trial”


52 posted on 02/25/2011 11:31:43 AM PST by Ratman83
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To: Ratman83
“Because he was charged with a misdemeanor, she said, he was not entitled to a jury trial”

Unfortunately, the Constitution does not agree and Federal court will reverse this in an instant.

The only legal non jury offense is an "infraction" and can only carry a monetary penalty, with no custodial option (jail time). There are no indictments for infraction level offenses.

Additionally, a Federal civil rights tort will likely result. This won't go the way the prosecutor wants.

64 posted on 02/25/2011 11:50:14 AM PST by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: Ratman83
No jury. “Because he was charged with a misdemeanor, she said, he was not entitled to a jury trial”

Thus neatly avoiding the problem of having to inform a jury of the existence of their nullification power. Since that's the subject of the trial in the first place it would be impossible for a judge to preven the jury from being told about it.

66 posted on 02/25/2011 11:52:12 AM PST by antiRepublicrat
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To: Ratman83

Is the misdemeanor a civil charge, or a criminal one?
If it is a criminal one then the US Constitution’s 6’th Amendment applies: “In *all* criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury [...]”

If it was a civil charge, then is the fine —or even jail-time which would be spent in employment, IIRC— more than $20?
If that’s the case then the 7th Amendment applies: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved [...]”


144 posted on 02/26/2011 8:00:14 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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