What is the scope of a defendant's right to stand trial by jury in a federal criminal case?

California, United States of America


The following excerpt is from Tracy v. Municipal Court of Glendale Judicial Dist. of Los Angeles County, 144 Cal.Rptr. 263, 78 Cal.App.3d 391 (Cal. App. 1978):

"Under the federal Constitution, the right to trial by jury is guaranteed only for 'non-petty' offenses, involving a potential punishment of more than six months' imprisonment. (See Baldwin v. New York (1970) 399 U.S. 66, 69, 90 S.Ct. 1886, 26 L.Ed.2d 437, (440).) Thus, a defendant's federal constitutional 'jury trial' right does not extend to all misdemeanors, but only to those involving a potential of more than six months' incarceration. . . . "

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