Description

The present chapter deals with aspects of the right to jury trial that require counsel’s attention before trial begins. Chapter 33 discusses matters relating to the selection of jurors at the outset of a trial. Implications of the Sixth Amendment right to jury trial for later stages of the case are taken up in the chapters dealing with those stages. For example, the principle that the Sixth Amendment, “in conjunction with the Due Process Clause, requires that each element of a crime be proved to a jury beyond a reasonable doubt” (Hurst v. Florida, 577 U.S. 92, 97 (2016)) limits the power of trial judges to withdraw certain matters from the jury’s consideration when submitting the issue of guilt or innocence (see §§ 41.5, 42.4 infra) and some sentencing issues (see § 48.7 subdivision (4) infra); and its allocation of the burden of proof (see §§ 38.1, 41.2.1 infra) entitles the defendant to appropriate jury instructions (see §§ 42.2, second paragraph, 42.3 subdivision (5), 42.5 subdivisions (4) and (5) infra).

First Page

1391

Source Publication

Trial Manual 11 for the Defense of Criminal Cases

Source Editors/Authors

Anthony G. Amsterdam, Randy A. Hertz

Publication Date

2026

Document Type

Chapter

Edition

11

Rights & Restrictions

CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/

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