when does a court case have a jury
Jury trial Every person accused of a crime punishable by incarceration for more than six months has a constitutionally protected right to a trial by jury, which arises in federal court from Article Three of the United States Constitution, which states in part, "The Trial of all Crimes...shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed." The right was expanded with the Sixth Amendment to the United States Constitution, which states 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." Both provisions were made applicable to the states through the Fourteenth Amendment. Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have abrogated that right in offenses punishable by fine only. The Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required, meaning a state may choose whether or not to permit trial by jury in such cases.[64] Under the Federal Rules of Criminal Procedure, if the defendant is entitled to a jury trial, he may waive his right to have a jury, but both the government (prosecution) and court must consent to the waiver. Several states require jury trials for all crimes, "petty" or not.[65]
Hung jury Juries in criminal cases are generally, as a rule, required to reach a unanimous verdict, and juries in civil cases typically have to reach a majority on some level. If a defendant has been found guilty of a capital offense, one that could result in the death penalty if the person is eligible, the opinion of the jury must be unanimous if the defendant is to be sentenced to death. Currently, two states, Oregon and Louisiana, do not require unanimous verdicts in criminal cases. Each requires a 10-2 majority for conviction, except for capital crimes: Oregon requires at least 10 votes out of 12 for felonies, but unanimity for first degree murder, and Louisiana requires all 12.