Trial

Question 1

Right to Jury Trial

Answer 1

Only for “Serious” Offenses
There is no constitutional right to jury trial for petty offenses, but only for serious offenses

Question 2

Number and Unanimity of Jurors

Answer 2

There is no constitutional right to a jury of 12, but there must be at least six jurors to satisfy the right to a jury trial. Jury verdicts must be unanimous.

Question 3

RIGHT TO COUNSEL

Answer 3

A defendant has a right to counsel. Violation of this right at trial, including erroneous disqualification of the defendant’s privately retained counsel, requires reversal. For nontrial denials, the harmless
error test is applied.

Question 4

Waiver of Right to Counsel at Trial and Right to
Defend Oneself

Answer 4

A defendant has a right to defend themself at trial if, in the judgment of the judge, their waiver is knowing and intelligent and, based on the trial judge’s consideration of the defendant’s emotional and psychological state, the defendant is competent to proceed pro se.

Question 5

RIGHT TO CONFRONT WITNESSES

Answer 5

The Sixth Amendment grants to a defendant in a criminal prosecution the right to confront adverse witnesses. The right is not absolute: Face-to-face confrontation is not required when preventing such
confrontation serves an important public purpose