Amendment VII: A Preponderance of Evidence

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

This amendment guarantees a trial by jury for people facing charges that would deprive them of life and liberty, although the value has been raised from $20 to $75,000: a protection of the courts from complete overload. This amendment also allows people to be tried in criminal and civil court cases for the same crime. This is based on the burden of proof for the different court systems. In criminal courts, a decision must be made that is beyond a reasonable doubt, but in civil cases, there only needs to be a preponderance of evidence. An example of this is the famous (infamous?) O.J. Simpson case where he was acquitted of his criminal charges, where the burden of proof is high; but was found guilty on civil charges in a later case, where the burden of proof is lower.

The jury, even though, secured by right, still may want to be waived in favor of a bench trial.

For some background information, click here.