When May A Trial By Jury Be Dispensed With Quizlet

When May A Trial By Jury Be Dispensed With Quizlet



Defendants are entitled to a trial by a jury for All cases that may result in imprisonment of more than 6 months In a few jurisdictions, if a jury is unable to reach a unanimous verdict, – up to 3 jurors can be discharged due to evident necessity (matter for judge) e.g. illness, juror has behaved contrary to oath – minimum number on jury ? = 9 – if more than 3 jurors discharged -> trial must be abandoned in favour of fresh trial Discharge of entire jury (mechanism of discharge), -The 6th Amendment provides the accused with the right to a speedy trial-If a person is denied his/her right to a speedy trial, the case may be dismissed-However, the courts have trouble in deciding what this actually means-In order to remedy the problem, the Federal Government and some states have set specific time limits for cases, Outlined in section 80 of the constitution, all accused of an indictable offence have the right to a trial by a jury of their peers Right to a Fair Hearing The Human Rights Charter (section 24(1)) outlines that accused people are entitled to a competent and impartial judge with a public and fair hearing, Duren alleged that the selection of this jury violated his Sixth and Fourteenth Amendment right to a trial by a jury chosen from a fair cross section of the community. Batson v. Kentucky (1986), a. The amendment provides the right to trial by jury in common law cases. b. The amendment provides the right to trial by jury in civil and criminal cases. c. The amendment provides the right to trial by jury in equity cases. d. The amendment provides the right to trial by jury in any case with an amount in controversy that exceeds $10.00.

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