(15) Sixth Amendment - Jury trials, Cross-Section, Baston, Capital Jury Issues, Waiver of Jury Trial

What constitutional right guarantees a fair and impartial trial?

The Due Process Clause and the Sixth Amendment guarantee a fair and impartial trial.

What is the purpose of the right to a fair and impartial trial?

To ensure the defendant is tried only by an impartial judge and jury.

What constitutes prejudice that may deprive a defendant of a fair trial?

Any undue influence, bias, or association that compromises the impartiality of the judge or jury.

What are common examples of unfair prejudice during trial?

Trying the defendant in prison clothing, jury association with prosecution witnesses, trial disruptions, and prejudicial pretrial or trial publicity.

What remedies may the defense seek to reduce prejudicial publicity?

A change of venue, a continuance, or expanded voir dire.

What constitutional issue often overlaps with prejudicial publicity?

Freedom of the Press under the First Amendment.

What does the Sixth Amendment Public Trial Clause guarantee?

A criminal trial that is open to the public.

May a judge ever close a criminal proceeding to the public?

Yes, but only in limited circumstances.

When may a criminal proceeding be closed to the public?

Only when closure is necessary to protect an overriding interest and is narrowly tailored.

Does the public have a constitutional right to attend criminal trials?

Yes.

Does the media have a constitutional right to attend criminal trials?

Yes.

What must a judge find before excluding the public or media from a criminal trial?

That closure is necessary to ensure a fair trial and that no reasonable alternative will adequately protect that interest.

How narrowly must a courtroom closure be tailored?

It must be narrowly tailored to address the specific problem requiring closure.

When may the media and public be excluded from pretrial hearings?

Only when there is a substantial probability that the defendant's right to a fair trial would be prejudiced and no reasonable alternatives exist.

What constitutional issue often overlaps with the public trial right?

Freedom of the Press under the First Amendment.

When does the Sixth Amendment guarantee the right to a jury trial?

When the defendant is charged with a serious offense.

What is considered a serious offense for purposes of the jury trial right?

An offense carrying a potential sentence of more than six months' imprisonment.

Does a defendant have a constitutional right to a jury trial for offenses punishable by six months or less?

Generally no.

Who must determine any fact that increases the maximum authorized punishment?

The jury.

May a judge independently find facts that increase the statutory maximum punishment?

No.

May a judge impose an exceptional sentence based on judicial fact-finding alone?

No.

Are Apprendi and Blakely violations subject to harmless error review?

Yes.

May a judge determine facts necessary to impose consecutive rather than concurrent sentences?

Yes.

How many jurors are required in a federal criminal trial?

Twelve.

Must a federal criminal jury reach a unanimous verdict?

Yes.

What is the minimum number of jurors constitutionally permitted in a state criminal trial?

Six.

Must a six-person jury reach a unanimous verdict?

Yes.

May a twelve-person state jury return a non-unanimous verdict under this outline?

Yes.

What does the fair cross-section requirement guarantee?

The jury pool must represent a fair cross-section of the community.

Must the defendant prove intentional discrimination to establish a fair cross-section violation?

No.

What must a defendant generally prove to establish a fair cross-section violation?

That a distinct and numerically significant group is underrepresented.

Is ethnic balance on every jury constitutionally required?

No.

Is systematic racial discrimination in jury selection permitted?

No.

Must the defendant belong to the excluded group to challenge its exclusion?

No.

What are peremptory challenges?

Challenges allowing removal of prospective jurors without stating legal cause, subject to constitutional limitations.

May peremptory challenges be based solely on race?

No.

May peremptory challenges be based solely on sex?

No.

May prosecutors use race-based peremptory challenges?

No.

May criminal defendants use race-based peremptory challenges?

No.

May jurors be removed for cause?

Yes.

When is removal for cause appropriate?

When a prospective juror cannot fairly and impartially perform jury duties.

May every juror opposed to the death penalty be removed for cause?

No.

When may a prospective juror be removed for cause in a capital case because of views on the death penalty?

When those views would prevent or substantially impair performance of jury duties.

May states exclude prospective jurors who would never impose the death penalty?

Yes.

Does erroneous exclusion of a qualified juror in a capital case constitute harmless error?

No.

Must a trial court remove every juror who favors the death penalty?

No.

What question must be asked of prospective capital jurors regarding the death penalty?

Whether they would automatically impose a death sentence upon conviction.

How must a defendant waive the right to a jury trial?

Expressly, knowingly, and intelligently.

May the prosecution insist on a jury trial even if the defendant wishes to waive it?

Yes.

Testable Issue:When is a defendant constitutionally entitled to a jury trial?

When charged with a serious offense carrying a potential sentence exceeding six months.

Testable Issue:What does the fair cross-section requirement protect?

The defendant's right to a jury selected from a representative cross-section of the community.

Testable Issue:When are peremptory challenges unconstitutional?

When exercised solely because of race or sex.

Testable Issue:When may a courtroom be closed to the public?

Only when necessary to protect an overriding interest and the closure is narrowly tailored.

Testable Issue:How is the right to a jury trial waived?

By an express, knowing, and intelligent waiver, although the prosecution may still insist on a jury.

Essay Rule:How do you analyze Sixth Amendment trial rights?

Determine whether the defendant received a fair and impartial trial before an impartial judge and jury, whether any courtroom closure was constitutionally justified, whether the defendant was entitled to a jury trial, whether jury selection complied with constitutional requirements, and whether any waiver of jury trial was valid.

Master Synthesis:What is the framework for analyzing Sixth Amendment trial rights?

Determine whether the defendant received a fair and public trial, analyze jury entitlement and sentencing issues, evaluate jury composition and selection for constitutional violations, examine any Batson or fair cross-section issues, analyze capital jury challenges if applicable, and determine whether any waiver of jury trial was constitutionally valid.