48 U.S.C. § 1616

Trial by jury

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 48 CasesGoogle Scholar

All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Government. If no jury is demanded the case shall be tried by the judge of the district court without a jury, except that the judge may, on his own motion, order a jury for the trial of any criminal action. The legislature may provide for trial in misdemeanor cases by a jury of six qualified persons.

Notes of Decisions
Cited in 10 cases, 1952–2018 · leading case: Murrell v. People, 54 V.I. 338 (2010).
Murrell v. People, 54 V.I. 338 (2010). · cites it 5× “” The Revised Organic Act of 1954, § 26, 48 U.S.C. § 1616 , reprinted in V.I. CODE ANN.”
Rivera v. People, 64 V.I. 540 (2016). · cites it 2× “Section 26 of the ROA Section 26 of the ROA 9 — which previously conferred the substantive right to a jury trial on Virgin Islands residents — requires that the defendant affirmatively demand a jury trial, and absent such a demand, directs that the case be tried by the judge.”
People v. Velasquez, 62 V.I. 3 (2014). · cites it 2× “1094 , 1095, codified at 48 U.S.C. § 1616 . The reason for the amendment, according to Senate Report 85-2267, was to “clarif[y] section 26 of the Revised Organic Act of the Virgin Islands which concerns the right to trial by jury in criminal cases.”
Gov't of the Virgin Islands v. Boynes, 45 V.I. 195 (2003). · cites it 3× “ction 26 Of The Revised Organic Act Remains in Full Force And Effect On July 22, 1954, Congress enacted section 26 of the Revised Organic Act of 1954 which granted the statutory right to demand a jury trial in criminal prosecutions in the Virgin Islands: All criminal cases…”
United States v. Frederick Obak, 884 F.3d 934 (9th Cir. 2018). “Congress, however, has provided the right to a jury trial in criminal cases to the inhabitants of the Virgin Islands by virtue of the Revised Organic Act of 1954, 48 U.S.C. § 1616 .”); see also 48 U.S.C. § 1561 .”
Burch v. Burch, 195 F.2d 799 (3rd Cir. 1952). “; 48 U.S.C. § 1616 ); Rule 48 of the Federal Rules of Civil Procedure (5 V.”
Gov't of the Virgin Islands v. Raphael Parrott, 476 F.2d 1058 (3rd Cir. 1973). “” 48 U.S.C.A. § 1616 . 3 For a discussion of this see Government of the Virgin Islands v.”
People v. Daly, 53 V.I. 17 (2010). “has provided the right to a jury trial in criminal cases to the inhabitants of the Virgin Islands by virtue of the Revised Organic Act of 1954, 48 U.S.C. § 1616 . Thus basic guarantees similar to those of the Sixth Amendment are involved-” ).”
Gov't of the Virgin Islands v. Harthman, 19 V.I. 349 (1983). “Act of 1954, 48 U.S.C. § 1616 provides: “All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Government.”
United States v. Hinton (10th Cir. 2000). “1973), the court addressed a conflict between Rule 23(a) of the Federal Rules of Criminal Procedure, which required trial by jury unless the defendant executed a written waiver, and section 26 of the Revised Organic Act of the Virgin Islands, 48 U.S.C. § 1616 , which provided…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.