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Pennsylvania Complaint For Injuries Under FELA - Jury Trial Demand
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§ 18-1-406. Except as otherwise provided in subsection (7) of this section, every person accused of a felony has the right to be tried by a jury of twelve whose verdict shall be unanimous. In matters involving misdemeanors, the accused is entitled to be tried by a jury of six.
If the case is being tried before a jury, the judge instructs the jury on how to apply the law to the case. Jurors deliberate privately to determine the outcome of a case. In criminal cases, a jury determines whether a defendant is guilty or not guilty and, in some cases, determines a penalty.
Because ?a general grant of jury trial for serious offenses is a fundamental right, essential for preventing miscarriages of justice and for assuring that fair trials are provided for all defendants,? the Sixth Amendment provision is binding on the states through the Due Process Clause of the Fourteenth Amendment.
The right to a jury trial refers to the right provided by the Sixth and Seventh Amendments. The Sixth Amendment states that in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the state and district in which the individual allegedly committed a crime.
Anyone facing a criminal charge that may lead to incarceration has the right to request a jury trial. Having your criminal case heard by a jury made up of your peers is a fundamental right guaranteed by the U.S. Constitutional and the Constitution of the Commonwealth of Pennsylvania.