Every citizen of the United States has the right to a jury trial. This fundamental right, proclaimed in the United States Constitution, protects the defendant against judges that may be biased and allows a defendant to be judged by a group of men and women considered to be peers of the defendant.

The right to a jury trial has a long history in the United States. From the time British colonists first began living in the United States, many colonists living under British rule were subjected to harsh criminal accusations and were tried for their crimes in front of British judges. The founders of our nation considered this unfair, and they decided that a person would have a right to a trial by a jury of their peers. The members of the community chosen as the "jury" would determine the outcome of the trial.

Thomas Jefferson stated that given a choice between the right to vote and the right to a jury trial, he would give up the right to vote and take the right to the jury trial. He believed that a right to a trial by jury is the most important element of a democracy.

A jury trial is defined as "the process by which the jury (peers of the accused) is responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions".

The governing law for criminal cases is the Bill of Rights' Sixth Amendment, which provides in part:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . ."

In civil cases in federal court, the right to a jury trial is governed by the Seventh Amendment of the Bill of Rights, which states:

"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried to a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law."

If you are facing civil or criminal charges and have not been allowed your right to a jury trial, contact the attorneys at Gary C. Johnson, P.S.C. today. The Constitution guarantees many rights; the Right to be free from unreasonable searches, the Right to be represented by counsel, and the Right to a fair and public jury trial. Call an experienced attorney at Gary C. Johnson, P.S.C. today to handle your case and to protect your rights.