Posted: August 6th, 2022

Reaction papers are a critical component of the conversation that will take place in this course. There will be a total of five different reaction papers throughout the course. Each of the five reaction papers will be approximately two pages in length. The text will be double-spaced and formatted using APA format. Students should clearly identify their topic and present their personal viewpoint or perspective; however, students must also present a factual basis for that viewpoint (as opposed to an opinion paper). All references supporting the factual basis must be properly cited to the original sources in accordance with APA guidelines. All papers must be the work of the individual student – this is not a group assignment.

For this Module, please choose from the following topics as the general subject of your paper:

Presumption of innocence
Ex post facto laws
Void-for-vagueness doctrine
Right to a jury trial

While you are primarily addressing the topic selected, you may want to discuss or expand on a topic presented in the textbook, a case dealing with the subject, or a current event from the news or Internet, and present your viewpoint or perspective on that item as it relates to the issue present in your chosen topic.
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Reaction Paper
Name
Institution

Reaction Paper
Right to a Jury Trial
The right to a jury trial is one of the essential rights that are availed to a criminal defendant under the United States Constitution Article III, section 2 and in the Sixth Amendment. According to Article III, section 2, all crimes shall be tried by a jury in the State where the crime in question was committed. However, the article excludes cases of impeachment to be held by jury trial. The Six Amendment, which is also an extension of the Bill of Rights provides that in all criminal prosecution, the defendant is guaranteed the right to a speedy and public trial, with the trial being conducted by an impartial jury of the State and district wherein the said crime was committed (Constitution Annotated, n.d.). The Six Amendment also provides that the accused have the right to be informed of nature and cause of the accusation, right to face witnesses against him, right to have a compulsory for obtaining witnesses in his favour, and the right to a defence counsel.
However, despite both the Six Amendment and Article III, section 2 provides the right to a jury trial, some various limitations and restrictions have been put in place. For instance, in McKeever v. Pennsylvania (1971), the Supreme Court held that juveniles are not afforded a right to trial by jury (FindLaw, 2019). The Court in its decision focused on the character of the sanctions to be imposed in the juvenile proceeding, providing that punitive sanctions may not be imposed without having to adhere to the Fifth and Six Amendments guarantees; thus no constitutional right offers a jury trial in juvenile proceedings. Although the Six Amendment considers the right to trial by jury to include “all criminal prosecutions,” the Supreme Court provided an interpretation that saw the exclusion of petty offences from the guarantee to a trial by jury on federal courts. The interpretation of the difference between petty offences and serious offences is based on the maximum punishment or the nature of the offence. In Baldwin v. New York, 399 U.S. 66 (1970), the Supreme Court held that an offence is considered serious when it carries a potential sentence of more than six months imprisonment (Schwartzbach, 2020). However, the Court also held that a defendant prosecuted in a single proceeding for multiple petty offences could not benefit of the right to a jury trial even if the potential sentence aggregated exceeds six months (the U.S. v. Nachtigal, 507 U.S. 1 (1993).). In Blanton v. City of N. Las Vegas, 489 U.S. 538 (1989), the Supreme Court held that the first-time DUI could not be considered as a serious offence where, possible maximum imprisonment was six, a 48 hours community service as an alternative penalty existed, a maximum fine o $1,000 existed, the defendant had undergone alcohol-abuse education, and they had automatically lost their licenses for 90 days.
The fundamental importance of the right to a jury trial for defendants provided by Bill of Rights for federal courts could not only remain within the federal courts. The right to a jury trial was then extended through the Due Process Clause of the Fourteenth Amendment to include all defendants in state criminal cases. Therefore, the right to a jury trial is a significant right to any individual accused of a crime and ensuring the criminal justice system achieve its service provision in a transparency manner.

References
Baldwin v. New York, 399 U.S. 66 (1970).
Blanton v. City of N. Las Vegas, 489 U.S. 538 (1989)
Constitution Annotated. (n.d.). Amdt6.3.1.2.1.1 When the Right to a Jury Trial Applies: Current Doctrine. Retrieved from https://constitution.congress.gov/browse/essay/amdt6_3_1_2_1_1/
FindLaw. (2019). The Right to a Jury Trial. Retrieved from https://criminal.findlaw.com/criminal-rights/the-right-to-a-jury-trial.html
Schwartzbach, M. (2020). The Right to Trial by Jury. NOLO. Retrieved from https://www.nolo.com/legal-encyclopedia/the-right-trial-jury.html#:~:text=The%20right%20to%20trial%20by%20jury%20in%20a%20criminal%20case,and%20public%20trial%2C%20by%20an
U.S. v. Nachtigal, 507 U.S. 1 (1993).

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