Throughout Most of Our Nation’s History, the Three Broad Constitutional

question 42

Multiple Choice

Throughout most of our nation’s history, the three broad constitutional provisions dealing with trial by jury had little applicability in state courts. The U.S. Constitution applied only to trials in federal courts. These practices changed dramatically, however, when the Supreme Court decided Duncan v. Louisiana (1968) , ruling that the jury provisions of the Sixth Amendment were incorporated by the Due Process Clause of the Fourteenth Amendment to apply to state courts, as well. Subsequent decisions grappled with the problem of defining the precise meaning of the right to trial by jury. The most important issues concerned the scope of the right to a jury trial, the size of the jury, and unanimous versus nonunanimous verdicts.
-Calvin is arrested for breaking and entering and assault with a weapon.If convicted, he faces a potential sentence total of five years in prison or 10 years on probation.His attorney recommends he take a plea bargain offering him one year in prison.If he goes to trial which of the following rights does he have?

• A)jurors at his trial must reach a unanimous verdict
• B)the jury at his trial must have at least 8 members
• C)the media will not be allowed in the courtroom
• D)the right to a jury trial

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