Sentences with phrase «constitutional right to a jury trial»

in Argersinger, the Court today retreats to the indefensible position that the Argersinger «actual imprisonment» standard is the only test for determining the boundary of the Sixth Amendment right to appointed counsel in state misdemeanor cases, thus necessarily deciding that, in many cases (such as this one), a defendant will have no right to appointed counsel even when he has a constitutional right to a jury trial.

«Imagine my surprise when I discovered that my dues to the Kentucky Bar Association were being used, not only to heap insults on a significant segment of our membership — those of us who represent the injured — but also to take a pro-business position on tort reform to deprive the citizens in this Commonwealth of their constitutional right to a jury trial for their injury claims.»

This decision continues the recent Court of Appeals trend chipping away at the ability of trial judges to take away the plaintiff's constitutional right to jury trial.

Is it within the bounds of the Constitution to punish individuals with higher sentences because they decide they want to use their constitutional right to a jury trial?

There is no constitutional right to a jury trial for criminal contempt charges resulting in a sentence of imprisonment of six months or less.

Defendant Arpaio acknowledges that there is no constitutional right to a jury trial for defendants charged with «petty» offenses where the maximum sentence does not exceed six months imprisonment,

Not exact matches

You have constitutional right to a trial by a jury of your peers which is the mechanism that actually causes most cases to settle.

Legal challenges involve aspects of state constitutional law — separation of powers, due process, equal protection and, prominently of late, the right to trial by jury.

Federal criminal lawyers are faced with defending their people in a court where the «Constitutional right» to a trial is but a shadow of what a meaningful right to jury trial once was.

This position ensures that the right to a jury trial will endure as a core constitutional value.

Any time a person has a jury trial, they have a constitutional right provided by the United States to appeal the result of the trial if they believe an error has occurred.

«A constitutional rule that racial bias in the justice system must be addressed — including, in some instances, after the verdict has been entered — is necessary to prevent a systemic loss of confidence in jury verdicts, a confidence that is a central premise of the Sixth Amendment trial right,» Kennedy said.

By - the - way, in a criminal trail there's a constitutional right for defendants to have a speedy jury trial.

In doing so, you voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal.

If the constitution guarantees every defendant a jury trial, how can Congress and the Courts punish you for merely asserting your constitutional right to a trial?

In a decision written by Chief Justice Carol Hunstein, the high court has upheld a Fulton County judge's ruling and found that the caps placed on so - called «noneconomic damages» violate a citizen's constitutional right to a trial by jury.

Many states now impose a surcharge on defendants who exercise their constitutional rights to counsel, confrontation, and trial by jury.

Without it, injured victims would be unable to access attorneys and would, in effect, lose their guaranteed constitutional right to a civil jury trial.»