Art. I, § 16

Trial by jury

Right The Courts Art. I · Declaration of Rights

Official text rightpowerlimitif conditionlegal term

Trial by jury is an inviolate right and shall be secured to all, but in a civil cause three-fourths of the jury may render a verdict. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant’s counsel. In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute.

In civil causes the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court. In civil causes other than causes within the of the court of appeal the Legislature may provide that the jury shall consist of eight persons or a lesser number agreed on by the parties in open court.

In criminal actions in which a felony is charged, the jury shall consist of 12 persons. In criminal actions in which a misdemeanor is charged, the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court.

History: Sec. 16 amended June 2, 1998, by Prop. 220. Res.Ch. 36, 1996.

7 provisions here

Trial by jury is an inviolate right and shall be secured to all right
Who holds it
- All
Exceptions
- in a civil cause three-fourths of the jury may render a verdict
A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant’s counsel structure
Requires
- the consent of both parties expressed in open court by the defendant and the defendant’s counsel
In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute structure
Requires
- the consent of the parties expressed as prescribed by statute
In civil causes the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court structure
In civil causes other than causes within the appellate jurisdiction of the court of appeal the Legislature may provide that the jury shall consist of eight persons or a lesser number agreed on by the parties in open court power
Who holds it
- The Legislature
Conditions
- In civil causes other than causes within the appellate jurisdiction of the court of appeal
In criminal actions in which a felony is charged, the jury shall consist of 12 persons structure
In criminal actions in which a misdemeanor is charged, the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court structure

Simplified explanation

Trial by jury is an inviolate right secured to all, though three-fourths of a civil jury may render a verdict. It sets how a jury may be waived and the jury's size: 12 in felony cases, and 12 or fewer by agreement in civil and misdemeanor cases.

Official page on leginfo.legislature.ca.gov ↗