The Founders of our nation placed great importance on the community being a check on the abuse of courts stacked by King George’s surrogates by establishing a right to a jury trial.
In a jury trial, a panel of impartial jurors determines what facts are true and which witnesses are credible and then apply the instructions on the law given by the court to render a verdict.
Criminal Cases
The right to a jury trial is one of the most important rights provided to criminal defendants in the United States. According to the Sixth Amendment of the U.S. Constitution, “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.”
That right attaches only where the criminal defendant is facing a potential sentence of more than six months’ imprisonment. For those offenses where the maximum sentence is six months or less, known as petty offenses, a criminal defendant is not entitled to a jury trial under the U.S. Constitution. However, some state constitutions may permit jury trials for petty offenses prosecuted in state courts.
Civil Cases
The Seventh Amendment of the United States Constitution guarantees a jury trial in civil cases seeking monetary damages in federal court. Most state constitutions provide for a similar right to trial before a jury.
Generally a right to a jury trial is not invoked where equitable relief, rather than monetary damages, is sought.
Examples of equitable relief include injunctive relief (prohibiting or requiring a party to do something), declaratory relief deciding a dispute between the parties (such as ownership of a property) or to clarify the law on a particular point, and setting aside a conveyance of land or property where money is not sought.
Where a party is entitled to a jury trial in a civil case, that right must be asserted in accordance with applicable court rules or may be waived. For example, the failure of counsel for the Trump defendants to timely demand a trial by jury resulted in the waiver of that right and the remaining claims being tried before the presiding judge in the pending lawsuit by the New York State Attorney General.
Under Florida’s rules of civil procedure, “Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other party a demand therefor in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.” Fla. R. Civ. P. 1.430(b).
Where a party is entitled to a jury trial the number of jurors may differ depending on the nature of the proceeding or the severity of the criminal charges.