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by tptacek 3774 days ago
I'm pretty sure the concept of petty or mechanical offenses for which you aren't entitled to a jury predates the Constitution, so I'm not sure I see the erosion.
1 comments

I'm pretty sure the concept of offenses for which you weren't entitled to due process precipitated the Constitution.

I also don't see how a ~$1k punishment for a slight speed infraction is "petty".

If that were the case, why hasn't contempt of court ever required a jury trial?
Because judges have an abundance of faith in their judgment being balanced, and so presume themselves autocratic?

Historic violations don't really counter my point - even in the past the map was not the territory. Finding one non-erosion (by virtue of it never have been applied) doesn't change the rights that have eroded.