Why is a Jury Trial Denied for Traffic Misdemeanors
Just curious, that since most traffic violations in OH anyway are full misdemeanors, how the state can force a bench trial for them. I remember one friend in texas that couldn't believe this, as is he makes them give hin a jury trial for a seat belt. That would be awesome.
Re: Why is a Jury Trial Denied for Traffic Misdemeanors
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Zeo
Just curious, that since most traffic violations in OH anyway are full misdemeanors, how the state can force a bench trial for them. I remember one friend in texas that couldn't believe this, as is he makes them give hin a jury trial for a seat belt. That would be awesome.
The U.S. Supreme Court has held that under the 14th Amendment the state need not provide a jury in a criminal prosecution if the maximum possible penalty for the offense is six months or less in jail/prison. Duncan v. Louisiana, 391 U.S. 145 (1968). Since most traffic offenses do not involve much, if any, jail time the state is not required under the Constitution to provide a jury for such offenses and most states do not do that, though a few do. The primary reason for that is that jury trials take more time and cost more, and citizens dislike jury duty enough as it is already without having to sit on a traffic case (which most people, I think, would feel is a complete waste of their time).
Re: Why is a Jury Trial Denied for Traffic Misdemeanors
ORC 2945.17 Right to jury trial
Re: Why is a Jury Trial Denied for Traffic Misdemeanors
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Taxing Matters
The U.S. Supreme Court has held that under the 14th Amendment the state need not provide a jury in a criminal prosecution if the maximum possible penalty for the offense is six months or less in jail/prison. Duncan v. Louisiana, 391 U.S. 145 (1968). Since most traffic offenses do not involve much, if any, jail time the state is not required under the Constitution to provide a jury for such offenses and most states do not do that, though a few do. The primary reason for that is that jury trials take more time and cost more, and citizens dislike jury duty enough as it is already without having to sit on a traffic case (which most people, I think, would feel is a complete waste of their time).
That defeats the entire purpose of a jury trial. Our founding fathers knew that magistrates are payed by the state and are biased to the state, and generally answer to the state and since its SOO EASY to get a traffic citation, this is exactly what trial by jury is designed to counteract and give relief from fear of excessive persecution. Perhaps if the state would pay them accordingly and fairly, then this might not be as big an issue. and you can;t even volunteer for it. I personally LOVE Jury duty, the only thing I didn't like was having to eat $10 a day when I normally make 80-100.
Re: Why is a Jury Trial Denied for Traffic Misdemeanors
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Zeo
That defeats the entire purpose of a jury trial. Our founding fathers knew that magistrates are payed by the state and are biased to the state, and generally answer to the state and since its SOO EASY to get a traffic citation, this is exactly what trial by jury is designed to counteract and give relief from fear of excessive persecution.
Actually, no. Our founders themselves did not typically have juries for petty offenses; they too saw a jury for such minor cases as unnecessary. That history, going back to our founding, of only providing juries for more serious offenses was an important factor in the Supreme Court’s decision.
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Zeo
Perhaps if the state would pay [jurors] accordingly and fairly, then this might not be as big an issue. and you can;t even volunteer for it. I personally LOVE Jury duty, the only thing I didn't like was having to eat $10 a day when I normally make 80-100.
If you think the citizens of your state wouldn’t mind paying the increased taxes that it would take to pay jurors more and to provide juries for traffic cases then feel free to urge your state legislators to pass a bill to do that. I think, though, that most people feel they pay enough in tax as it is and won’t see this as a worthwhile expense.
Re: Why is a Jury Trial Denied for Traffic Misdemeanors
perhaps, I definitely think that many would see the benefit of paying 64 a day to make minimum wage for Jurors as justifiable and reasonable, even if they won't let the state hike taxes to do it. (that is an epidemic problem in this sate, referendum votes of unfunded mandates, and legally the state HAS to comply.)
I think perhaps a tightening of the traffic laws(aka making things like marked lanes much more clearly defined, dropping more stuff to minor misdemeanor, better and avoidance training for cop( aka don't make that traffic stop unless its clear) and not charging more then the ticket itself in court costs might be a easier option to get though and less budensome on the state coffers.