Ask Lemmy
A Fediverse community for open-ended, thought provoking questions
Please don't post about US Politics. If you need to do this, try [email protected]
Rules: (interactive)
1) Be nice and; have fun
Doxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them
2) All posts must end with a '?'
This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?
3) No spam
Please do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.
4) NSFW is okay, within reason
Just remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either [email protected] or [email protected].
NSFW comments should be restricted to posts tagged [NSFW].
5) This is not a support community.
It is not a place for 'how do I?', type questions.
If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email [email protected]. For other questions check our partnered communities list, or use the search function.
Reminder: The terms of service apply here too.
Partnered Communities:
Logo design credit goes to: tubbadu
view the rest of the comments
7th amendment applies to civil suits. Judges may when common law doesn't govern. But that's limited. And criminal defendants must consent to bench trial by not contesting any of the facts.
In the Federal system it does. At the state level, a jury for a particular civil matter is not guaranteed. Judges regularly end up as the finders of fact in state civil cases.
Not always. If the case is not serious enough, a jury trial is not guaranteed. This SCOTUS case found 6 months to be the cutoff for a serious enough crime.
A bench trial where no one is contesting the facts can happen, in that case the defendant is probably contesting the constitutionality of the law, so therefore doesn't need any dispute any of the facts. But, as in the above link, a case may happen where either the defendant is not guaranteed a jury because the punishment falls below the threshold establsihed, or they waive the jury and the judge sits in as the finder of both law and fact.