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Trial: Right to Impartial Jury (Jury Size (No Violation (State Court = The…
Trial: Right to Impartial Jury
Fundamental Right
Defendant charged with a felony in state court has a right to trial by jury.
6th Amend; Duncan v. Louisiana
.
Right Comparison
The right to a jury trial is more “fundamental” than the right to effective assistance of counsel.
Scott v. Illinois
.
Petty Crimes
Maximum sentence of $500 and six months in prison is not enough.
Can't Aggregate
The defendant may not aggregate misdemeanor charges to gain this right.
Jury Size
No Violation
State Court = The jury’s verdict does not have to be unanimous.
Apodaca v. Oregon
.
State Statute = If a state statute creates a jury standard, like 9-3, then the standard is constitutional.
Johnson v. Louisiana
.
A twelve-person jury is not required,
Williams v. Florida
, but the minimum number is six.
Ballew v. Georgia.
Violation
State Statute = A state statute that combines non-unanimity with smaller juries is unconstitutional.
Burch v. Louisiana.
Federal Court = The jury’s verdict must be unanimous to stand.
Composition
Violation
If the jury does not represent a cross-section of the community, then the defendant is denied a fair trial.
Taylor v. Louisiana
.
Distinctive Group
Native Americans, Hispanics & Women.
Waiver
The defendant cannot waive his right to a jury trial without the government’s consent.
Singer v. U.S.
Bench Trial
The defendant has no right to compel a bench trial in federal court.