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Does the Government have rights?

There is a debate recently brewing whether governments have rights.  See www.reason.com The Volokh Conspiracy Government Rights January 22, 2018.  This debate and discussion is not new, but a lasting one that has been ongoing since at least the Federalist Papers. 

This debate continues and recently reemerged in Indiana in the case of Bonds v. State, which was decided earlier this month.  In that case, the State of Indiana asserted and thought it had the right to a jury trial.   http://www.in.gov/judiciary/opinions/pdf/02061801cjb.pdfSpecifically, after the defendant had waived her right to a jury trial, the State then demanded a jury.  The Indiana Court of Appeals concluded that the State does not have the right to demand a jury trial and the State’s consent to a bench trial is not required.  While it remains to be seen whether the Indiana Supreme Court will weigh in on this issue, the Court of Appeals maintains that there is at least one right the State does not have in Indiana. 

Looking for a Hendricks County criminal defense lawyer that understands your criminal and constitutional rights? Contact the attorneys at Keffer Barnhart LLP today if you have questions or believe your rights have been violated.  We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case.  Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.