Right to trial by jury - Next Generation Bar Exam
- Under J.E.B. v. Alabama ex rel. T.B., what peremptory strikes are prohibited besides race-based strikes?
- Strikes based on sex. Equal protection forbids using gender as a proxy for juror bias.
- Under Batson v. Kentucky, what is the three-step framework for challenging a peremptory strike?
- A prima facie case, a neutral explanation by the striking party, and the court's ruling on purposeful discrimination. The ultimate burden of persuasion remains with the challenger.
- Under Blakely v. Washington, what is the statutory maximum for Apprendi purposes?
- The maximum sentence a judge may impose based solely on facts reflected in the verdict or admitted by the defendant. A judge may not rely on additional findings to exceed that maximum.
- Under Pena-Rodriguez v. Colorado, when must the no-impeachment rule yield to evidence about jury deliberations?
- When a juror clearly states that racial stereotypes or animus were a significant factor in voting to convict. The court may then consider the evidence of the juror's statement and any resulting denial of the jury guarantee.
- In federal court, what is required for a defendant to waive a jury trial?
- A written waiver, the government's consent, and the court's approval. There is no constitutional right to a bench trial over the government's objection.
- After a conviction carrying a 10-year maximum, the judge finds by a preponderance that the defendant used a gun and imposes 15 years. What is the constitutional defect?
- The gun finding increased the sentence beyond the statutory maximum without a jury finding beyond a reasonable doubt. Apprendi requires that such facts be found by a jury.
- Under Erlinger v. United States, who must decide whether a defendant's prior offenses occurred on different occasions for the Armed Career Criminal Act?
- A unanimous jury, beyond a reasonable doubt, unless the defendant waives a jury. The occasions inquiry goes beyond the bare fact of a prior conviction.
- Under Hurst v. Florida, who must find the facts necessary to impose a death sentence?
- A jury. A judge's independent finding of aggravating circumstances violates the Sixth Amendment.
- Under Apprendi v. New Jersey, which facts must be found by a jury beyond a reasonable doubt?
- Any fact, other than a prior conviction, that increases the penalty beyond the prescribed statutory maximum. A judge may not find such facts by a preponderance of the evidence.
- Under Baldwin v. New York, for which offenses does the Sixth Amendment guarantee a jury trial?
- Offenses punishable by more than six months' imprisonment. Offenses with a maximum of six months or less are presumptively petty.
- Under Alleyne v. United States, what facts must be submitted to a jury?
- Facts that increase a mandatory minimum sentence. Alleyne extended Apprendi to mandatory minimums.
- Under Ballew v. Georgia, what is the minimum size of a criminal jury?
- Six jurors. A five-person jury violates the Sixth Amendment.
- Under Duren v. Missouri, what must a defendant show to establish a fair cross-section violation?
- A distinctive group, unfair underrepresentation in venires, and systematic exclusion in the selection process. The requirement applies to jury pools, not to the composition of a particular petit jury.
- Under Ramos v. Louisiana, what verdict does the Sixth Amendment require in a trial for a serious offense?
- A unanimous verdict, in both state and federal courts. Ramos overruled Apodaca v. Oregon.