Criminal Procedure: 6th Amendment right to Jury Trial
6th Amendment right to jury trial attaches:- at any criminal proceeding where D faces a sentence of a term of imprisonment possibly more than 6 months.
- No constitutional right to a jury trial, if it is up to or includes 6 months.
- If the sum of sentences for criminal contempt exceeds 6 months, the alleged contender is entitled to jury trial.
- Number and unanimity of jurors
- Minimum = 6 (if 6, panel’s decision must be unanimous
- No federally protected constitutional right to a unanimous 12 person jury verdict. 10-2; 9-3 = OK
- Cross-sectional requirement
- Jury pool can reflect a fair cross section of community
- Unconstitutional for P or D to exercise peremptory challenges to exclude from the jury pool, perspective jurors on account of their race or gender.