MBE Rules · Criminal Procedure
6A — jury trial
The rule
6A jury right attaches to any offense with potential punishment exceeding 6 months. Jury must be drawn from a fair cross-section of the community. Unanimous verdict required in state and federal felony trials (Ramos). Batson bars peremptory strikes based on race, gender.
In plain English
If you're charged with a crime that could land you in jail for more than six months, you have the right to a jury trial. The jury must represent the community and agree unanimously on a verdict.
Worked example
The defendant faces a charge with a possible 8-month sentence. The jury, reflecting the community's diversity, must all agree on the verdict. If the prosecutor tries to exclude jurors based on race, it's not allowed.
Memory hook
6A Jury: Over 6 months? Get peers! Right for serious crimes; fair cross-section; unanimous in felonies.
The trap
Students think: Any jail time means jury trial. Wrong, because only if over 6 months possible. The actual test is potential punishment, not actual sentence.
How examiners test it
The MBE loves: minor offense with 6-month sentence. Trap: students assume jury right attaches. Key: check if potential exceeds 6 months.
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