Right to trial by jury - Next Generation Bar Exam

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. Under Ballew v. Georgia, what is the minimum size of a criminal jury?
    Six jurors. A five-person jury violates the Sixth Amendment.
  13. 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.
  14. 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.

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