The Party Respectfully Requests A Jury Trial On All Issues So Triable: What issues are triable to a jury and what issues should be triable to a jury? A comment on the right to a jury trial, with a focus on civil trials, and when the right exists

Authors

Michael Downing

Publication Date

4-2022

Document Type

Comment

Abstract

“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 . . . .” But what about civil prosecutions? What about prosecutions under state law, not federal? What does the universally expected “right to a jury trial” really mean or afford the parties to a trial?

Under federal law and the United States Constitution, by the time the Bill of Rights was drafted, the ideal of an accused’s right to a jury trial was already deeply rooted within society. However, the right to a jury trial is only guaranteed by the United States Constitution for criminal prosecutions—in fact the right to a jury trial is arguably weaker than the average person thinks. The Sixth Amendment right to a jury trial, in federal prosecutions, does not apply to civil cases, may be waived by parties, and does not necessarily apply to prosecutions under state law.

Recommended Citation

Downing, Michael (2022) "The Party Respectfully Requests A Jury Trial On All Issues So Triable: What issues are triable to a jury and what issues should be triable to a jury? A comment on the right to a jury trial, with a focus on civil trials, and when the right exists," Mercer Law Review: Vol. 73: No. 3, Article 15.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol73/iss3/15