The barristers' group wants to see the Lords overturn Mr Blunkett's proposals to remove the right to jury trial
in serious offences.
The Universal Declaration of Human Rights, an international human rights bible, omits any right to jury trial
. Ditto for European Union or Council of Europe human rights covenants.
They include the disclosure of a defendant's previous convictions to juries and the removal of the right to jury trial
in a range of middle- ranking offences.
The cash will come from savings in planned legislation to end defendants' automatic right to jury trial
The agreement says Wills waived his right to jury trial
for any litigation that might come from the deal, a clause Wills' attorneys says is "blatant, unenforceable" and an "illegal use of bargaining power" that provides evidence of the agreement's "adhesive character."
Although the Sixth Amendment guarantees the right to jury trial
for all criminal defendants,(2) the Supreme Court long has held that certain criminal offenses are not serious enough to trigger this right.(3) Since petty(4) offenses such as traffic violations and small-time misdemeanors are not worth the public expense of empaneling a jury, the Court has held that these offenses may be tried before a judge without violating the Sixth Amendment.
Second, she argued the cap also deprived her of her right to jury trial
. The court of appeals rejected both arguments and reversed.
(97) The first right to jury trial
provision was enacted in 1804 and afforded jury trials in civil cases "if either party requested it." Later, territorial laws provided jury trials "in 'all civil cases of the value of one hundred dollars ...
(15) On rehearing, the Court held the district court did not violate the defendant's right to jury trial
by using acquitted conduct to enhance his sentence because the resulting sentence did not exceed the jury-authorized maximum sentence.
As noted in the article, the cruise ship companies increase the costs of litigation and seek to deprive injured cruise passengers of a state court forum with right to jury trial
by seeking to remove them to the admiralty side of federal court.
The Relationship of the Right to Jury Trial
and the Reexamination Clause
* The Central Florida Chapter of ABOTA received $600 for its Justice By The People project which will be used for an interactive curriculum with a CD-ROM game and teaching materials to help children understand the Seventh Amendment right to jury trial