Bill Would Limit Right To Jury Trial For DUI Defendants
<http://www.eastvalleytribune.com/local/cop_shop/article_23ad246c-6d0e-11e0-a186-001cc4c002e0.html>
04-24-2011 . AP
A bill approved by the Arizona Legislature would end the flat right that
misdemeanor DUI defendants now have under state law to a jury trial for
a first offense.
The legislator who sponsored the bill called the jury change reasonable
because other changes in the bill ease potential penalties for
first-time DUI offenders, while a defense attorney called the jury
change an "appalling" loss of a protection for defendants.
With the change, a judge would decide whether to grant a request for a
jury trial. The alternative is for a judge to hear the case. People
charged with repeat offenses still would have a right to a jury trial.
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Arizona CONstitution (toilet paper)
23. _Trial by jury; number of jurors specified by law_
__
__Section 23. The right of trial by jury shall remain inviolate. Juries
in criminal cases in which a sentence of death or imprisonment for
thirty years or more is authorized by law shall consist of twelve
persons. In all criminal cases the unanimous consent of the jurors shall
be necessary to render a verdict. In all other cases, the number of
jurors, not less than six, and the number required to render a verdict,
shall be specified by law.
24. _Rights of accused in criminal prosecutions___
__Section 24. In criminal prosecutions, the accused shall have the right
to ... have a speedy public trial by an impartial jury of the county in
which the offense is alleged to have been committed, ....
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<http://www.eastvalleytribune.com/local/cop_shop/article_23ad246c-6d0e-11e0-a186-001cc4c002e0.html>
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