The Right to A Jury Trial in New Jersey

The Sixth Amendment of the United State’s Constitution insures the right to a jury trial for people charged with a criminal offense. The right to a trial by jury can be traced back to the Magna Carta in England. The historic purpose of this right to a jury trial was to prevent oppressive government conduct. For purposes of determining a citizen’s right to a jury trial, however, a distinction is drawn between a criminal offense and a petty offense.

The New Jersey Supreme Court has concluded that the only reliable distinction between a criminal offense and a petty offense is the punishment that may be imposed if a conviction results. Thus, it has been concluded that a jury trial will attach to a criminal accusation where the maximum penalty exposes the defendant to a term of incarceration that exceeds if six months and a fine of $1,000. In those cases, where a defendant is charged with multiple offenses that can require a maximum sentence that exceeds more than six months in jail, a trial judge will be required to impose a concurrent jail terms that can not be more than six months.