What Amendment of the US Constitution guarantees a right to a jury trial?

seventh A+ Lab

In criminal cases, the Sixth (right to a jury trial) and Fourteenth (applying the 6th the states) Amendments guarantee the right to a jury trial when the crime charged carries a maximum punishment of more than six months. No right attaches if mutliple "petty" crimes are charged, each with a maximum punishment less than six months, but collectively with a potential punishment greater than six months.

The Seventh Amendment guarantees the right to a jury trial in civil cases, but when the right applies is a little complicated. The right only applies in federal court (it hasn't been incorporated against the states), and only in cases that traditionally would have been "at law" where the amount in controversy is over $20. Cases that would have been brought in a court of law (as opposed to a court of equity) are predominately suits for money damages. Suits asking for injunctions or restitution (as opposed to straight damages) would have traditionally been "at equity" and so no right to jury trial attaches. Things can get even more complicated when part of a lawsuit would have been "at law" (so you have the right to a jury) and part would have been "at equity" (where you don't). Those situations are left up to the judge to figure out, but at a minimum, you must have a jury for the "at law" part of the case.

Interestingly, there is no right to a bench trial. That is, there is no right not to have a jury.

I just wanted to comment and say that, this person is right until the end^^, a right is a right. When you have a right to do something you can willingly give up that right. So yes it is your right to "not" have a jury trial and to have a so called "benched" trial...

That is the sixth amendment.