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]
Sixth Amendment to the United States Constitution When, under the Fourteenth Amendment, the Supreme Court extended the right to a trial by jury to defendants in state courts, it re-examined some of the standards. It has been held that twelve came to be the number of jurors by "historical accident," and that a jury of six would be sufficient,[5] but anything less would deprive the defendant of a right to trial by jury.[6] The Sixth Amendment mandates unanimity in a federal jury trial. However, the Supreme Court has ruled that the Due Process Clause of the Fourteenth Amendment, while requiring states to provide jury trials for serious crimes, does not incorporate all the elements of a jury trial within the meaning of the Sixth Amendment. Thus, states are not mandated to require jury unanimity, unless the jury has only six members.[7][8][9]