Right to Jury Trial for Misdemeanors
At its regular meeting on June 16, 1998, the
Law Revision Commission voted to undertake a study of Connecticut Law
concerning the right to a jury trial for misdemeanors. That study was
undertaken pursuant to a request of Judiciary Committee Co-Chairmen Donald
E. Williams, Jr. and Michael P. Lawlor which states the following:
"We are writing to request that the Law
Revision Commission undertake a study of the current Connecticut laws
concerning the right to a jury trial for misdemeanors. In Connecticut,
virtually every criminal charge gives a defendant the right to a jury
trial. Federal case law seems to indicate that juries are only
constitutionally required when there is an incarceration for six months
or more. We would like to have the Law Revision Commission examine
whether we can make statutory changes so that misdemeanors such as
shoplifting wouldnt result in jury trials. The Commission should
examine what other states do and also whether the Connecticut
constitution prohibits these changes. In addition, [if] there is a
constitutional provision barring a statutory change to the right to a
jury trial, the Law Revision Commission should examine what other states
do constitutionally."
The Law Revision Commission committee
established to undertake the review consisted of Representative Robert
Farr, Jon P. FitzGerald, and Colin C. Tait.
Report
to Judiciary, 1999 Session
Brief
Review of Right in 49 States to Jury Trial for Minor Crimes