Trial by Jury
-
SECURITIES AND EXCHANGE COMMISSION V. JARKESY, U.S. Sup. Ct. Slip Op. of June 27, 2024
The Court’s Ruling: The federal Securities and Exchange Commission’s imposition of a statutory civil penalty against a person whom it had found guilty of a statutory securities fraud violation, violated the Trial By Jury Clause of the Seventh Amendment to the United States Constitution. To obtain a statutory civil penalty from a private individual, a Continue reading
-
The Traditional Right to Trial by Jury Applies to Criminal Sentencing Hearings
The Sixth Amendment to the United States Constitution provides that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury. . . .” The Fifth Amendment provides that “No person shall be . . . deprived of life, liberty, or property, without due process of Continue reading
RECENT RULINGS 