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Criminal Procedure • 14th Amendment
CRIMPRO#046
Legal Definition
The constitutional right to a jury trial attaches any time the defendant is tried for an offense for which the maximum authorized sentence exceeds 6 months. The minimum number of jurors permissible is 6, in which case the verdict must be unanimous. Though the Supreme Court has approved convictions of 10-2 and 9-3, in 2020 under Ramos, the Supreme Court held that the Constitution requires unanimous jury verdicts in state criminal trials.
While a defendant has a right to a jury pool that is a fair cross-section of the community, he has no such right to an impaneled jury representing such a cross-section. Finally, peremptory challenges can be used to exclude a prospective juror for any reason whatsoever except race or gender.
While a defendant has a right to a jury pool that is a fair cross-section of the community, he has no such right to an impaneled jury representing such a cross-section. Finally, peremptory challenges can be used to exclude a prospective juror for any reason whatsoever except race or gender.
Plain English Explanation
Anyone being tried for a crime that may result in going to prison for more than 6 months has a right to a jury of at least 6 individuals, and their verdict must be unanimous.
When it comes to selecting a jury, a defendant has the right to a "fair cross-section" of their community, but the final jury that is actually selected does not have to, itself, be a "fair cross-section." In other words, the pool of jurors that attorneys will select their jury from needs to be representative of the community, but the defendant has no right to prevent the final, selected, impaneled jury from not being evenly representative of the community.
Finally, the fancy legal term for selecting a jury is "voire dire". During voire dire, each side (prosecution and defense) generally get a set number of "peremptory challenges," which means they are allowed to kick out any juror for nearly any reason they want (except race or gender).
When it comes to selecting a jury, a defendant has the right to a "fair cross-section" of their community, but the final jury that is actually selected does not have to, itself, be a "fair cross-section." In other words, the pool of jurors that attorneys will select their jury from needs to be representative of the community, but the defendant has no right to prevent the final, selected, impaneled jury from not being evenly representative of the community.
Finally, the fancy legal term for selecting a jury is "voire dire". During voire dire, each side (prosecution and defense) generally get a set number of "peremptory challenges," which means they are allowed to kick out any juror for nearly any reason they want (except race or gender).
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