Question: who decides if there will be a jury trial

title: Jury trial
text: In the United States , every person accused of a crime punishable by incarceration for more than six months has a constitutionally protected right to a trial by jury , which arises in federal court from Article Three of the United States Constitution , which states in part , `` The Trial of all Crimes ... shall be by Jury ; and such Trial shall be held in the State where the said Crimes shall have been committed . '' The right was expanded with the Sixth Amendment to the United States Constitution , which states in part , `` In all criminal prosecutions , the accused shall enjoy the right to a speedy and public trial , by an impartial jury of the state and district wherein the crime shall have been committed . '' Both provisions were made applicable to the states through the Fourteenth Amendment . Most states ' constitutions also grant the right of trial by jury in lesser criminal matters , though most have abrogated that right in offenses punishable by fine only . The Supreme Court has ruled that if imprisonment is for six months or less , trial by jury is not required , meaning a state may choose whether or not to permit trial by jury in such cases . Under the Federal Rules of Criminal Procedure , if the defendant is entitled to a jury trial , he may waive his right to have a jury , but both the government ( prosecution ) and court must consent to the waiver . Several states require jury trials for all crimes , `` petty '' or not . 

Answer: answer: In the United States, every person accused of a crime punishable by incarceration for more than six months has a constitutionally protected right to a trial by jury, but the Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required, meaning a state may choose whether or not to permit trial by jury in such cases.