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Right to a Jury in Tennessee

By Baker Associates

Under Article III of the U.S. Constitution as applied to the states through the 14th Amendment, all persons have a right to a jury when accused of a crime. The Supreme Court has decided, however, that the right does not extend to petty offenses. Under this judicial interpretation, states are free to determine which offenses are petty and which are not. In Tennessee, petty offenses (or ?small? offenses), are defined as cases where the potential sentence is less than $50 and carries no jail time. This can include ordinance and traffic violations in TN. Defendants may also waive their right to a jury trial. In Tennessee, only Circuit Courts have jurisdiction to try cases before a jury. Further, only a Circuit Court can convict a person of a felony...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on July 14, 2009 (boomark / email).