Jury Trials - The Right to a Speedy, Public Trial by Jury
The 6th Amendment to the United States Constitution guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..."
Speedy Trial
Although the United States Constitution guarantees the right to a "speedy" trial, there is no specific Constitutional guideline as to what constitutes a "speedy trial". Some jurisdictions have created statutory limitations within which a criminal case must pass through the system, and in some that time frame is different for incarcerated defendants than it is for those who are free on bail or their own recognizance. Where specific time requirements are provided, cases may be subject to dismissal simply because the specified time has elapsed, although there are exceptions for certain situations involving good cause or delays occurring at the request of the defendant.
In jurisdictions without specific statutory or judicial time limitations, courts generally consider the length of the delay, the reason for the delay, the defendant's assertion of his right to a speedy trial, and any prejudice caused by the delay. Although not one of the official factors set forth by the United States Supreme Court, as a practical matter the seriousness of the charges generally impacts the trial judge's analysis.
Trial by Jury
"All criminal prosecutions" has been interpreted to exclude "petty offenses". There is no universal definition as to what constitutes a petty offense, but there is a clear guideline on what cannot: any crime that may be punished by imprisonment for more than six months triggers the right to trial by jury, regardless of the nature of the offense.
By tradition, criminal proceedings require a unanimous verdict from a jury of 12. However, the United States Supreme Court has approved decisions by some states to accept verdicts that are not unanimous, and by other states to reduce the number of jurors to 6. The two cannot be combined, though-a jury of 6 must return a unanimous verdict.
The make-up of the jury pool is critical, too. The U.S. Supreme Court has ruled that an "impartial jury" necessarily means that jurors are chosen from a pool representing a cross-section of the community-for instance, no one may be excluded on the basis of race or sex.
Recent U.S. Supreme Court decisions have extended the right to trial by jury to the determination of certain facts used as a basis for sentence enhancement.
Public Trial
The right to a public trial is intended to ensure the integrity of the legal process. When community members, friends and family of the accused, and even the media are in the courtroom, it serves as a check to make sure that all rights and appropriate processes are observed.
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Like the restrictions on excessive bail, the provision grew out of a history of abuse by the sovereign to apply pressure or settle personal vendettas. For that reason, the right is considered a fundamental aspect of the criminal justice process, and can be abridged only in very limited circumstances. For instance, juvenile cases are typically conducted in "closed" courtrooms in order to protect the privacy of the child involved.