Future Retirement Success
  • Politics
  • Business
  • Investing
  • Stocks
  • Politics
  • Business
  • Investing
  • Stocks

Future Retirement Success

Investing

Lesh v. United States Brief: The Supreme Court Should Abolish the Petty Offense Exception to Constitutionally Required Jury Trials

by January 7, 2025
January 7, 2025
Lesh v. United States Brief: The Supreme Court Should Abolish the Petty Offense Exception to Constitutionally Required Jury Trials

Matthew Cavedon

Charged with the misdemeanor of unlawfully operating a vehicle on federal lands, social media influencer and outdoorsman David Lesh requested a jury trial. The government successfully opposed that request and the case was tried by a US magistrate judge, who convicted Lesh and then imposed the maximum fine of $5,025 and 160 hours of community service.

The district court affirmed, though it noted that but for the Supreme Court’s recognition of a “petty offense exception,” Lesh’s argument that he was constitutionally entitled to be tried by a jury was “not unpersuasive.” The Tenth Circuit likewise affirmed, with two members of the panel noting that the petty offense exception arose in “disregard of the text of Article III and the Sixth Amendment” and cautioning that it may well be “incompatible with the original public understanding of the Constitution.”

The Cato Institute filed an amicus brief urging the Supreme Court to review Lesh’s case and abolish the petty offense exception. The Constitution’s text explicitly commands that the trial of “all” federal crimes be by jury, and it underscores that command by repeating in the Sixth Amendment that “in all criminal prosecutions” the defendant has the right to a public trial by an impartial jury. 

The petty offense exception lacks any historical foundation. Eliminating it is not only feasible but vital to the rule of law.

The Emory Law School Supreme Court Advocacy Program (ELSSCAP) assisted the Cato Institute in preparing this amicus brief.

0
FacebookTwitterGoogle +Pinterest
previous post
Trump reinforces ‘all hell will break out’ if hostages not returned by inauguration
next post
BEST Options Trading IDEAS This Week!

You may also like

Oregon Lawmakers Roll back New Drug War Strategy...

March 2, 2024

It’s Tax Season—Five Charts on Who Pays and...

April 11, 2025

Nicotine E‑Cigarettes Might Do More than Save the...

June 21, 2023

The Libertarian behind the World’s First Freedom of...

May 23, 2023

Debunking the Myth of Swedish Socialism—Again

August 17, 2023

Local Government Corruption

December 19, 2023

Increased Medicaid Coverage Is Not Improving Low Birth...

June 13, 2023

Corporate Welfare and Low-Income Welfare

May 8, 2025

Only 48 Percent of Employment-Based Green Cards Went...

November 25, 2024

The Republican Study Committee Budget on the Key...

June 16, 2023

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free

    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Trump warns of ‘serious consequences’ if Elon Musk funds Democrats

      June 7, 2025
    • Musk jokes about reconsidering stance on Big Beautiful Bill after Schiff’s praise

      June 7, 2025
    • Musk deletes explosive posts about Trump and Epstein files

      June 7, 2025
    • House witness flips script on Dem who ambushed him during hearing with unearthed tweet: ‘Iceberg is ahead’

      June 7, 2025
    • Call with China’s Xi, and Trump-Musk exchange fueled barbs during 20th week in office

      June 7, 2025
    • Trump’s conservative allies warn Congress faces critical ‘test’ with $9.4B spending cut proposal

      June 7, 2025

    Categories

    • Business (8,152)
    • Investing (2,019)
    • Politics (15,568)
    • Stocks (3,136)
    • About us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: futureretirementsuccess.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2025 futureretirementsuccess.com | All Rights Reserved