Question

Assume that Jerry has been convicted of a serious crime where he can be punished by more than one year in prison. Does he have the right to a jury trial?
None of the choices are correct.
It is up to the court to determine if he is entitled to a jury trial.
Jerry has a right to a jury trial, however, he can waive the right to a jury trial.
Yes. He can only be tried by a jury since he has been convicted of a serious crime.

Answer 1

Yes, Jerry has the right to a jury trial. Because Under the sixth amendment in all criminal prosecutions the accused has the right to a speedy & public trial by an impartial jury of the state or district in which the individual committed the crime.

Though court has always excluded petty offenses from a guarantee to a jury trial in federal courts, but defines a line between petty & serious crime by nature of maximum punishment available or nature of the offence. The court has now held that no offence can be deemed petty for the purpose of the right to trial by a jury where imprisonment of more than six months is required.

Since jerry has committed a serious crime where he can be punished by more than one year in prison, he will be tried by an impartial jury only. Therefore,

• Yes. He can only be tried by a jury since he has been convicted of a serious crime.