State v. Kent Bowers
D and
others protested abortions outs of a Women’s Clinic, blocking the
doors. Police arrested the protestors. Protestors requested jury trials,
but were denied the jury trials because Magistrate ensured them that he
was not imposing any jail sentences in the event they were found
guilty. D was found guilty on unlawful occupancy of property (State
misdemeanor) and disorderly assembly in violation of (a city ordinance).
The Magistrate imposed a suspended jail sentence, fine and 1 year
probation.
On appeal the Circuit Ct reversed the 7 day jail sentence,
but allowed the fines and probation.
S.C. held that D were not denied
their 6th
amendment right to a jury trial by being placed on probation for one
year because no jail sentence remained that can be imposed.
· Had
the D been charged with the State Law version of the ordinance, rather
than the city version, the max incarceration would had been one year;
would had been entitled to jury trials
· IL says that if it is punishable by jail time, then you get a jury trial;
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