Are defendants in criminal cases entitled to a jury trial?

• A. Not necessarily; depends on the case.
• B. False.
• C. In some cases only the state may have a jury trial.
• D. True.

Answer: (D)

The fundamental idea this question tests is that criminal prosecutions carry a right to a jury trial. The Sixth Amendment guarantees that the accused will be tried by an impartial jury, with the government proving guilt beyond a reasonable doubt. That protection is also extended to state prosecutions through the Fourteenth Amendment, so defendants aren’t limited to judge-alone trials merely because the case is in state court. While a defendant can waive the right to a jury trial and choose a bench trial, the default expectation in criminal cases is a jury trial. This is why the statement is true: defendants in criminal cases are entitled to a jury trial.