Although this section contains information pertinent exclusively to criminal proceedings, we have also assembled a section which is relevant to both civil proceedings and criminal proceedings:
Article III § 2 Clause 3:
“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.“
The Sixth Amendment guarantees:
- the right to a speedy and public trial.
- an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.
- 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
- to have the Assistance of Counsel for his defence.
trial by jury:
1. A trial in which the jurors are the judges of the facts and the court is the judge of the law. State ex rel. Rhodes v Saunders, 66 NH 39, 25 A 588.
A matter of constitutional or statutory right to a trial by a legal, proper, fair, and impartial jury drawn from a cross section of the community. 31 Am J Rev ed Jury §§ 7 et seq. [1]
Types of Juries in Criminal Cases:
Grand Jury – usually 16 to 23 people who are chosen to sit permanently for at least a month and sometimes a year and who, in ex parte proceedings, decide whether to issue indictments. — aka jury of indictment. See Title III Fed. R. Crim. P.
References:
Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.
[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
To by Added:
[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[3]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
******************************************
Back to Federal Rules of Criminal Procedure Simplified
All Federal Rules of Procedure Simplified
Like this website?
or donate via PayPal:
Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!
This website is being broadcast for First Amendment purposes courtesy of
Question(s)? Suggestion(s)?
[email protected].
We look forward to hearing from you!