> Can you say ‘jury nullification’? <
Sorry, pal. That’s not possible here. Notice that they want to charge her with a crime carrying six months of jail time. The US Supreme Court has ruled that you can request a jury trial only if you are charged with a crime carrying more than six months of jail time.
So this lady will be hauled before a judge, then stuffed away. She cannot demand a jury trial.
The 6th Amendment is quite clear. You have the right to a jury trial in ALL criminal cases. The word “all” is even in the wording. Nope, says the Supreme Court. A jury trial only if the penalty is more than six months imprisonment.
It makes me sick.
That's not constitutional. Then again, lawyers generally don't care.
This would be a California State law prosecution. As I recall, a jury trial can be demanded in almost any criminal (or civil) proceeding conducted pursuant to California law.
..Sorry, pal. That’s not possible here. Notice that they want to charge her with a crime carrying six months of jail time. The US Supreme Court has ruled that you can request a jury trial only if you are charged with a crime carrying more than six months of jail time...
sorry pal california constitution provides for right to jury trial in all criminal misdemeanor or felony trials (not infractions)