Bench or Jury Trial

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The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in civil cases. In criminal cases, this right is guaranteed under Article III of the U.S. Constitution and by the Sixth Amendment. Court rules and case law specify how the right to a jury trial is invoked or waived.

Civil Cases

The Seventh Amendment guarantees a jury trial where the amount in dispute exceeds $ 25.00. In other words, where the suit does not involve a claim for money, there is no right to a jury trial. This means that, despite the merger of courts of law and courts of equity, suits seeking equitable remedies such as, an injunction, specific performance or reformation of a contract, or a divorce, are still not triable by a jury. Also, a defendant in a civil contempt proceeding generally has no right to a jury trial. However, questions that would be triable by jury in an action for money damages are also triable by jury in actions for declaratory judgment.

In civil cases, a party must demand a jury trial in writing by a time specified in court rules. If neither party demands a jury trial in the manner or within the time required by the court, the jury is waived and the matter will be tried to the court. The Constitution does not guarantee any certain number of jurors. While 12 is the traditional number of jurors, courts may by rule set a different number. The federal courts provide for six-person juries in most civil cases. Some states require payment of a jury fee by the party demanding the jury, and the fee may vary depending on the number of jurors demanded. The Seventh Amendment also does not require a unanimous verdict in civil cases. A verdict by five of six jurors (or ten of twelve) is usually sufficient, but some states require a verdict merely by a majority of the jurors in certain kinds of cases.

Criminal Cases

In criminal cases, the defendant is entitled to a twelve-person jury unless he or she makes a voluntary and knowing waiver of that right. In addition, most courts require the prosecution and the court to agree to the waiver of the jury. The parties also may stipulate in writing or on the record to a jury of fewer than 12. Further, the Sixth Amendment requires a unanimous jury verdict in order to convict the defendant. The Supreme Court has long recognized the existence of a category of "petty" offenses or crimes to which the constitutional guarantee of jury trial does not apply, as opposed to "serious" offenses or crimes to which the jury trial guarantee does apply. In determining which offenses are petty and which are serious, the courts consider the maximum penalty authorized by statute and the penalty actually imposed. Generally, violations of municipal ordinances that do not authorize jail time as a penalty are petty offenses. Likewise, a defendant in a criminal contempt of court proceeding generally has no right to a jury trial unless it is a serious offense as determined by the rules applicable to other crimes.

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