The_Sauce_DC t1_istyxay wrote on October 18, 2022 at 6:06 PM

Reply to comment by me_speak_computer in D.C. Council Prepares To Vote On Overhaul Of Criminal Code by LocalBearEnthusiast

The jury right starts when a crime has a sentence six months or greater. That’s why DC Code currently has a split between charges that have 180 days max sentence vs. six months and above. Looking it up in SCOTUS it’s Baldwin v New York.

me_speak_computer t1_isu59q3 wrote on October 18, 2022 at 6:48 PM

Interesting I didn’t know about that! Thanks!

Brickleberried t1_isuu79i wrote on October 18, 2022 at 9:27 PM

That might be how it's done, but that's in direct opposition to the plain language of the Constitution.

Article 3, Section 2: > The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

That doesn't say anything about the severity of crime or the potential punishment of the crime. It says "all Crimes".

Sixth Amendment:

> 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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

This also doesn't specify anything about the severity of the crime or the potential punishment.

The Supreme Court just made up shit, as it is wont to do: https://en.wikipedia.org/wiki/Baldwin_v._New_York

[deleted] t1_isvtqa9 wrote on October 19, 2022 at 1:46 AM

[deleted]

Brickleberried t1_isxu0bx wrote on October 19, 2022 at 2:22 PM

I believe it only applies to "well-regulated militias".

healthbear t1_isxwofs wrote on October 19, 2022 at 2:41 PM

The second amendment is for state control of internal security saying that the federal government cannot take the away the people's right in the form of duly constituted regulated state militias and ability of said state militias to have armories. The nonsense created by the wacko's who took over the NRA in the seventies was invented whole cloth out of nothing.