Does a jury need to be interposed to protect the accused from the power of government when the charge is serious enough to require a jury trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hamdan, 552 F.2d 276 (9th Cir. 1977):
A jury is interposed to protect the accused from the power of government when the charge against him is a serious one. Baldwin v. New York,399 U.S. 66, 72, 90 S.Ct. 1886, 26 L.Ed.2d 437 (1970). An offense may be serious enough to require a jury trial because of the severity of the penalty, aside from the inherent nature of the crime. Id. at 69 n. 6, 90 S.Ct. 1886.
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