Fair Trial & Guilty Pleas

Question 1

right to a jury trial

Answer 1

6A guarantees a criminal D the right to a jury trial for offenses where imprisonment is greater than 6 months
- minimum of 6 jurors is required and a verdict MUST be unanimous
- any fact (other than a prior conviction) that increases the maximum penalty for a crime MUST be submitted to a jury and proven beyond a reasonable doubt

Question 2

competence to stand trial

Answer 2

D is competent to stand trial if he has:
1. a sufficient present ability to consult with his lawyer (able to assist in preparing a defense), AND
2. a rational and factual understanding of proceedings

NOTE: D CANNOT be tried if deemed incompetent (but competence can be reassessed at a later date)