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Summary offence

 

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Summary offence


 
 

A summary offence, also known as a petty crime, is a criminalCrime

A crime in a nontechnical sense is an act that violates a political or moral rule....
 act in some common lawCommon law

The common law forms a major part of the law of many countries, especially those with a history as British territories or co...
 jurisdictions that can be proceeded with summarily, without the right to a jury trialJury trial

For the 1980s television show, see Trial by Jury ....
 and/or indictmentIndictment

In the common law legal system, an indictment is a formal charge of having committed a most serious criminal offence....
.

United States

In the United StatesFacts About United States

The United States of America, also known as the United States, the U.S., the U.S.A., and America, is...
, "there are certain minor or petty offenses that may be proceeded against summarily, and without a jury" and which are codified in . Any crime punishable by more than six months imprisonment must have some means for a jury trial. Contempt of courtContempt of court

Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contem...
 is considered a prerogativePrerogative Summary

A Prerogative is an exclusive legal right given from a government or state and invested in an individual or group, the conte...
 of the court, as "the requirement of a jury does not apply to 'contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States[.]'"

Some states provide that in all offenses must at some point grant to the defendant a jury trial if they request it, meaning that one could obtain a jury trial in some states even for a parking ticket. Summary offences have a length of time which they are valid on a State's recordkeeping. In most states, summary offences last 5–7 years.

Criticisms

There have been criticisms over the practice. In particular, Supreme CourtSupreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of th...
 Justice Hugo BlackHugo Black

Hugo LaFayette Black was an American politician and jurist....
 wrote in a dissent that "[i]t is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury."

United Kingdom

In the United KingdomUnited Kingdom

The United Kingdom of Great Britain and Northern Ireland is a country and sovereign state that lies off the northwest coast...
, trials for summary offences are heard in one of a number of types of lower court. For England and WalesEngland and Wales

| align="center" |||}England and Wales are home nations of the United Kingdom and, because they share the same legal system, ...
 this is the Magistrates' Court. In ScotlandScotland

Scotland is a nation in northwest Europe and one of the constituent countries of the United Kingdom....
, it is the Sheriff CourtSheriff Court

The Sheriff Courts are the local Court system in Scotland....
 or District CourtDistrict Courts of Scotland

A District Court is the lowest level of court in Scotland....
, depending on the offence. Northern IrelandNorthern Ireland

Northern Ireland is part of the United Kingdom and covers 5,459 square miles in the northeast of the island of Irelan...
 has its own Magistrates' Court system (see Courts of Northern IrelandCourts of Northern Ireland

The Courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern I...
).

See also

  • Indictable offenceIndictable offence

    In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a prel...
  • InfractionInfraction

    Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation....
  • MisdemeanorMisdemeanor Summary

    A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act....
  • Summary executionSummary execution

    A summary execution is a type of extrajudicial punishment in which an accused or reported suspect of criminal activity is ki...