<P> Diplock courts were created in the 1970s during The Troubles, to phase out Operation Demetrius internments, and because of the argument that juries were intimidated, though this is disputed . The Diplock courts were shut in 2007, but between 1 August 2008 and 31 July 2009, 13 non-jury trials were held, down from 29 in the previous year, and 300 trials per year at their peak . </P> <P> The most outstanding feature in the United States is that verdicts in criminal cases must be unanimous . </P> <P> Every person accused of a crime punishable by incarceration for more than six months has a constitutionally protected right to a trial by jury, which arises in federal court from Article Three of the United States Constitution, which states in part, "The Trial of all Crimes...shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed ." The right was expanded with the Sixth Amendment to the United States Constitution, which states in part, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed ." Both provisions were made applicable to the states through the Fourteenth Amendment . Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have abrogated that right in offenses punishable by fine only . The Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required, meaning a state may choose whether or not to permit trial by jury in such cases . Under the Federal Rules of Criminal Procedure, if the defendant is entitled to a jury trial, he may waive his right to have a jury, but both the government (prosecution) and court must consent to the waiver . Several states require jury trials for all crimes, "petty" or not . </P> <P> In the cases Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines . This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone . Depending upon the state, a jury must be unanimous for either a guilty or not guilty decision . A hung jury results in the defendants release, however charges against the defendant are not dropped and can be reinstated if the state so chooses . </P>

When does a criminal defendant have the right to a trial by jury
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