Английская Википедия:Blanton v. City of North Las Vegas

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Шаблон:Use mdy dates Шаблон:Infobox SCOTUS case Blanton v. North Las Vegas, 489 U.S. 538 (1989), is a United States Supreme Court case clarifying the limitations of the right to trial by jury.

Background

Melvin R. Blanton was charged with driving under the influence of alcohol. His petition for a jury trial was denied and he was instead given a bench trial. Blanton appealed, arguing that his Sixth Amendment right to trial by jury had been violated.

Opinion of the Court

The Court ruled that Blanton did not have the right to a jury trial because the crime he was charged with was "petty" because it carries a maximum prison term of six months or less. The Court went on to elaborate: "we do find it appropriate to presume for purposes of the Sixth Amendment that society views such an offense as 'petty.' A defendant is entitled to a jury trial in such circumstances only if he can demonstrate that any additional statutory penalties, viewed in conjunction with the maximum authorized period of incarceration, are so severe that they clearly reflect a legislative determination that the offense in question is a 'serious' one."[1]

See also

References

Шаблон:Reflist

External links

Шаблон:Sixth Amendment


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