Why is the right to trial by jury guaranteed




















Article III, Sec. The first two above provisions as to criminal trials greatly overlap. The Sixth Amendment was added as part of the Bill of Rights that would be guaranteed by the Constitution.

However, it has only been relatively recently has this right been mandatory in both federal and state courts. As to the Seventh Amendment which covers civil trials, this provision only applies to federal courts which deal only with laws passed by Congress and signed into law by the president. According to the U. Supreme Court in a decision, the Seventh Amendment does not apply in state courts.

Home Information. Find Attorney. For Attorneys. We Help! Someone might choose to waive their jury trial right if they believe that their case is better handled by a judge. For example, a case that requires a complex understanding of legal technicalities might better be handled by a judge than jurors. The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

The 7th Amendment to the U. Constitution says that civil cases, or lawsuits based on disagreements between people or businesses, have a right to be decided by a jury in federal court. It was ratified in in order to protect the civil rights of freed slaves after the Civil War.

It has proven to be an important and controversial amendment addressing such issues as the rights of citizens, equal protection under the law, due process, and the requirements of the states.



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