United States v. Kenneth A. Kozel

WILL, Senior District Judge.

Article III, § 2, provides that “The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury,” and the Sixth Amendment guarantees a jury trial “in all criminal prosecutions.” But “petty” crimes or offenses are not subject to the jury trial clauses, Duncan v. Louisiana, 391 U.S. 145, 159, 88 S.Ct. 1444, 1452, 20 L.Ed.2d 491 (1968); District of Columbia v. Clawans, 300 U.S. 617, 624, 57 S.Ct. 660, 661, 81 L.Ed. 843 (1937); Callan v. Wilson, 127 U.S. 540, 557, 8 S.Ct. 1301, 1307, 32 L.Ed. 223 (1888), and criminal contempt can be a petty offense. Muniz v.…