[Update - Pardoned] Trump considering pardoning Sheriff Arpaio...

[The Prophet]

According to the Supreme Court, Lewis v. United States, there is no right to a jury trial for any petty crime, defined as such by punishment of 6 month or less.

i'm aware of these decisions.

much like SCOTUS' decision upholding slavery, i disagree with it.

the 6th amendment says you have a right to a jury trial, for any offense classified as a crime.

in New York State, Class B misdemeanors are subject to a max of 3 months, but they're classified as crimes.

my opinion is that regardless of SCOTUS' decision, you must have a jury trial for a NY Class B misdemeanor.

 

[The Prophet]

and regarding the Supreme Court, did they not issue a decision upholding slavery ??

 

[Quipling]

you're not telling the truth.

and you're losing this debate, because you refuse to accept facts.

question - is it not a fact that in the State of New York, misdemeanor prosecutions are criminal prosecutions ??

Might be better to get the state right before.

i'm aware of these decisions.

much like SCOTUS' decision upholding slavery, i disagree with it.

the 6th amendment says you have a right to a jury trial, for any offense classified as a crime.

in New York State, Class B misdemeanors are subject to a max of 3 months, but they're classified as crimes.

my opinion is that regardless of SCOTUS' decision, you must have a jury trial for a NY Class B misdemeanor.

At the time the Sixth Amendment was written, "crimes" was understood to not include petty offenses such as misdemeanors. We can see that in their writing and jurisprudence at the time, something extensively discussed in the cases you clearly haven't read.

 

[The Prophet]

At the time the Sixth Amendment was written, "crimes" was understood to not include petty offenses such as misdemeanors. We can see that in their writing and jurisprudence at the time, something extensively discussed in the cases you clearly haven't read.

the problem with this circular/never-ending double speak, is that in some SCOTUS decisions the Court has vacated New York misdemeanor convictions, where said misdemeanor is punishable by a year in NY jail.

meaning that the same SCOTUS that people keep repeating are 100% right, have ruled that misdemeanors are not petty offenses.

and again in the State of New York, a Class A misdemeanor is a crime subject to a criminal prosecution, resulting in a max of a year in jail.

 

[Quipling]

the problem with this circular/never-ending double speak, is that in some SCOTUS decisions the Court has vacated New York misdemeanor convictions, where said misdemeanor is punishable by a year in NY jail.

meaning that the same SCOTUS that people keep repeating are 100% right, have ruled that misdemeanors are not petty offenses.

and again in the State of New York, a Class A misdemeanor is a crime subject to a criminal prosecution, resulting in a max of a year in jail.

This isn't NY.

To the extent that the jurisprudence you are discussing without citing is relevant, they almost certainly played out that way because the line is drawn at 6 months for petty offenses. And because NY has defined "misdemeanor" to include crimes punishable by a greater amount of time than six months, those crimes are not considered petty offenses.

The question is not what the offense is called by the state, but what the punishment can be.

 

[The Prophet]

the line is drawn at 6 months for petty offenses.

i'm aware that SCOTUS has created a 6-month limit, that isn't in the Constitution.

i disagree with their decision.

this disagreement is identical to the Democrats disagreement with the Citizens United decision.

this idea that everyone just accepts all Supreme Court decisions is a joke, the Democrats have never accepted Citizens United.




in fact as i noted above, several SCOTUS justices dissented in those 6-month limit decisions, meaning that those dissenting agree with me about a right to a jury trial.

in regards to this idea that the Supreme Court is always right, didn't they issue a decision upholding slavery ???

 

[m52nickerson]

i'm aware of these decisions.

much like SCOTUS' decision upholding slavery, i disagree with it.

the 6th amendment says you have a right to a jury trial, for any offense classified as a crime.

in New York State, Class B misdemeanors are subject to a max of 3 months, but they're classified as crimes.

my opinion is that regardless of SCOTUS' decision, you must have a jury trial for a NY Class B misdemeanor.

Thing is you opinion is wrong, and it does not matter. It's wrong because the Supreme court has said it is wrong, and they get the final say. It does not matter, again because the Supreme Court gets the final say.

and regarding the Supreme Court, did they not issue a decision upholding slavery ??

Yes they did, and that was the correct interpretation of the Constitution until the Supreme Court changed it later on.

 

[The Prophet]

Thing is you opinion is wrong, and it does not matter. It's wrong because the Supreme court has said it is wrong, and they get the final say. It does not matter, again because the Supreme Court gets the final say.

disagrees.

and why doesn't this principle apply to the Democrats ???

 

[The Prophet]

what about the SCOTUS justices that dissented :

in fact as i noted above, several SCOTUS justices dissented in those 6-month limit decisions, meaning that those dissenting agree with me about a right to a jury trial.

 

[m52nickerson]

disagrees.

and why doesn't this principle apply to the Democrats ???

You can disagree all you want, you are still wrong.

The principle does apply to Democrats, and so far no one in this thread has argued that it doesn't.

 

[The Prophet]

The principle does apply to Democrats

please identify where the Democrats have accepted a SCOTUS decision, that went against them.

 

[m52nickerson]

please identify where the Democrats have accepted a SCOTUS decision, that went against them.

They don't have to accept it for it to apply to them.

 

[The Prophet]

They don't have to accept it for it to apply to them.

but they don't apply to Democrats.

Democrats ignore SCOTUS decisions.

a very good example of this is the IRS' Lois Lerner.

Lois Lerner completely ignored Citizens United.

 

[m52nickerson]

but they don't apply to Democrats.

Democrats ignore SCOTUS decisions.

a very good example of this is the IRS' Lois Lerner.

Lois Lerner completely ignored Citizens United.

Supreme Court decisions do apply to Democrats. They are not above the law. Also citizens united had nothing at all to do with the IRS review of 5013C tax exempt applications.

You are making less sense not they you normally do.

 

[The Prophet]

Also citizens united had nothing at all to do with the IRS review of 5013C tax exempt applications.

this is false.

 

[The Prophet]

Democrats. They are not above the law.

disagreeing.

 

[m52nickerson]

this is false.

Really, then explain how they are connected.

 

[The Prophet]

Really, then explain how they are connected.

please identify the types of organizations addressed by SCOTUS, in Citizens United.

 

[Rod1]

According to the Supreme Court, Lewis v. United States, there is no right to a jury trial for any petty crime, defined as such by punishment of 6 month or less.

And the ones that dissented did so because of the possibility of 2 convictions giving 12 months in prison, not because they believe less than 6 months deserve jury trial.

 

[The Prophet]

And the ones that dissented did so because of the possibility of 2 convictions giving 12 months in prison, not because they believe less than 6 months deserve jury trial.

this is false.