What is the right to a Jury Trial under the 6th and 7th Amendments?

The 6th and 7th Amendments to the Constitution guarantee the right to trial by jury in criminal and civil cases, with certain exceptions. The right to trial by a jury varies between criminal and civil cases.

Each of these is discussed in greater detail below.

What is the right to a jury trial in civil cases?

The 7th Amendments does not guarantee a right to a jury trial in every trial. 

In civil cases, the right to a jury trial is linked to a dollar amount in controversy between the parties. 

States may have courts of special jurisdiction that have an amount-in-controversy limit and do not allow for a jury trial. 

If the parties want a jury trial, however, either party has the option of filing the case in a superior court of general jurisdiction, where a jury trial is an option. 

In this way, each party's access to a jury trial is not limited. 

Parties may also enter into contracts that forgo the right to a jury trial in the event of dispute.

What is the right to a jury trial in criminal cases?

The 6th Amendment allows for a right to jury trial in all prosecutions. 

Also, Due Process (5th and 14th Amendments) requires that criminal cases in which a party faces potential imprisonment afford her a jury trial. 

Very minor criminal infractions that involve a fine and no potential for incarceration often do not allow for a jury trial. 

For example, a citation for speeding may not entitle a party to a jury trial.

Can a Judge serve as the Jury?

In criminal cases the defendant may elect to forgo a jury trial and have the judge act as fact finder. 

In civil cases, if the right to jury trial exists, both parties must consent to forgo the right to a jury trial. 

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