Trial by Jury (criminal):

     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:

All About Jury Trials

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.


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


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