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
    • Peremptory challenge:
      • Unconstitutional for P or D to exercise peremptory challenges to exclude from the jury pool, perspective jurors on account of their race or gender.