dc_co t1_isumqb8 wrote on October 18, 2022 at 8:38 PM

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

https://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution

> The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months.

....

> The right to a jury has always depended on the nature of the offense with which the defendant is charged. Petty offenses—those punishable by imprisonment for no more than six months—are not covered by the jury requirement.[2] Even where multiple petty offenses are concerned, the total time of imprisonment possibly exceeding six months, the right to a jury trial does not exist.

annang t1_isuom80 wrote on October 18, 2022 at 8:50 PM

I didn’t specify federal constitutional rights. The purpose behind jury trials any time the government wants to brand you a criminal and curtail your liberty is to ensure that your right not to be convicted absent proof beyond a reasonable doubt is respected.

Brickleberried t1_isuv0qw wrote on October 18, 2022 at 9:32 PM

Sure, that's what the Supreme Court says, but that's in direct opposition to the plain text of the Constitution.

rticle 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.

dc_co t1_isw2ee8 wrote on October 19, 2022 at 2:53 AM

It’s the framework we work under. Not under your interpretation.