[Cite as Patton v. United States, 281 U.S. 276, 298 (1929). Note: This decision regards Sixth Amendment right to trial by jury and Article III, § 2 jurisdiction: whether an accused could wave his right to a full (12 person) jury or if Article III, § 2 mandates a framework for jury trials. While determining a jury trial is a right, the court observed, "The first ten amendments and the original Constitution were substantially contemporaneous and should be construed in pari materia." (P. 298, this page) The phrase "in pari materia" is defined. The Court has made similar comments in Robertson v. Baldwin, 165 U.S. 275, 281-282 (1897), and United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990).]
[Patton v. United States continued
Return to pages 276-297.
Currently at page 298.
Proceed to pages 299-313.]
[paragraph continued from previous page] highly probable by a consideration of the form of expression used in the Sixth Amendment:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ..."
This provision, which deals with trial by jury clearly in terms of privilege, although occurring later than that in respect of jury trials contained in the original Constitution, is not to be regarded as modifying or altering the earlier provision; and there is no reason for thinking such was within its purpose. The first ten amendments and the original Constitution were substantially contemporaneous and should be construed in pari materia. So construed, the latter provision fairly may be regarded as reflecting the meaning of the former. In other words, the two provisions mean substantially the same thing; and this is the effect of the holding of this court in Callan v. Wilson, 127 U.S. 540, 549, where it is said:
"And we do not think that the amendment was intended to supplant that part of the third article which relates to trial by jury. There is no necessary conflict between them."
Upon this view of the constitutional provisions we conclude that Article III, Section 2, is not jurisdictional, but was meant to confer a right upon the accused which he may forego at his election. To deny his power to do so is to convert a privilege into an imperative requirement.
But the question remains whether the court is empowered to try the case without a jury; that is to say, whether Congress has vested jurisdiction to that end. We think it has, although some of the state, as well as some of the federal, decisions suggest a different conclusion.
By the Constitution, Article III, Section 1, the judicial power of the United States is vested in the Supreme Court and such inferior courts as Congress may from time to [paragraph continues next page]
[Return to pages 276-297.
Currently at page 298.
Proceed to pages 299-313.]