Does the Fourteenth Amendment guarantee a jury trial in criminal cases?

80. Having characterized the proceeding there as creating an essentially independent offence, Freedman J. was led to state that the guarantee of a jury trial would apply to such a proceeding "if the Fourteenth Amendment makes it applicable in state criminal cases" (at p. 313). Nevertheless, it felt bound by precedent to conclude that the right to trial by jury, guaranteed in federal prosecutions by virtue of the Sixth Amendment, was not embraced by the Fourteenth Amendment. At page 313, Freedman J. quoted "the now classic language" of Cardozo J. in Palko v. Connecticut, 302 U.S. 319 (1937): "The right to trial by jury and the immunity from prosecution except as the result of an indictment may have value and importance. Even so, they are not of the very essence of a scheme of ordered liberty. To abolish them is not to violate a `principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.' * * * Few would be so narrow or provincial as to maintain that a fair and enlightened system of justice would be impossible without them." (302 U.S., at 325, 58 S.Ct., at 152).