What is the test for a defendant's constitutional right to stand trial before a jury?

California, United States of America


The following excerpt is from People v. Scott, 64 Cal.App.4th 550, 75 Cal.Rptr.2d 315 (Cal. App. 1998):

Thus, for example, while the Sixth Amendment protects a criminal defendant's fundamental constitutional right to a trial by jury (McKeiver v. Pennsylvania (1971) 403 U.S. 528, 540, 91 S.Ct. 1976, 1983, 29 L.Ed.2d 647), due process does not require all matters to be tried before a jury. As the high court observed, "one cannot say that in our legal system the jury is a necessary component of accurate fact-finding. There is much to be said for it, to be sure, but we have been content to pursue other ways for determining facts. Juries are not required, and have not been, for example, in equity cases, in workmen's compensation, in probate, or in deportation cases. Neither have they been generally used in military trials." (Id., at p. 543, 91 S.Ct. at 1985.)

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