ABSTRACT

This chapter presents and discusses the Sixth Amendment right to a trial by jury and analyzes its history of incorporation into the due process clause of the Fourteenth Amendment. Circumstances giving rise to the right to jury trial and the current requirements of unanimity for a twelve-person jury received appropriate treatment. The chapter encompasses concept of a fair cross-section from which juries must be selected and presents issues concerning racial and gender discrimination. Evolution of the right to trial counsel and the use of juror peremptory challenges and challenges for causes and their effects receive significant attention.