U.S. Constitution · Article III, Section 2, Clause 3

Criminal Jury Trial Clause

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Also known as: Criminal Jury Trial Clause

Live in the VFA record

Cited in 1 Constitution Index grade this month.

4 public items cite this provision · 1 in October 2026 (last month: 0)

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Citations per week, last 12 weeks

The text

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

National Archives transcription (public domain; original spelling and capitalization). archives.gov

SI explainer

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In the founders’ words

  • “Does the Constitution make provision for such a trial? I think not; for in a criminal process, a person shall not have a right to insist on a trial in the vicinity where the fact was committed, where a jury of the peers would, from their local situation, have an opportunity to form a judgment of the character of the person charged with the crime, and also to judge of the credibility of the witnesses.” Abraham Holmes, Debate in the Massachusetts Ratifying Convention, January 30, 1788 (Elliot 2:109-14) (1788-01-30)

Public-domain primary sources, quoted word for word and checked against the linked text.

Leading Supreme Court cases

Cited in the VFA record

“Where this provision is cited”

Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.

Cite this page

Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article III, Section 2, Clause 3, https://www.valuesforamerica.com/constitution/article-3/section-2/clause-3

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