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New York

New York Jury Health

 

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Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever;  but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.  The legislature may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case.  A jury trial may be waived by the defendant in all criminal cases, except those in which the crime charged may be punishable by death, by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense.  The legislature may enact laws, not inconsistent herewith, governing the form, content, manner and time of presentation of the instrument effectuating such waiver.

—New York Constitution Bill of Rights; Article 1, Section 2

 

Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right;  and no law shall be passed to restrain or abridge the liberty of speech or of the press.  In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury;  and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted;  and the jury shall have the right to determine the law and the fact.

—New York Constitution Bill of Rights; Article 1, Section 8

 

New York Jury News

Comparing the grand jury proceedings regarding the police officer who killed Eric Garner to those for the officers involved in the killing of Breonna Taylor, a New York state legislator proposes to allow the public to know what charges were presented to grand juries.

Chief U.S. District Judge Glenn Suddaby has issued a SIXTH order extending the prohibition on trial by jury in the U.S. District Court for the Northern District of New York until 9 March 2021, making it a full year of cancellation of the right to trial by jury in his court.

 

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