Question

1. Assume that the Nebraska legislature passes a law providing that all crimes in Nebraska are to be tried by a six-member jury. Assume further that the same law also provides that a 5-to-1 vote for conviction results in conviction. Is that law constitutional? Explain your answer.

Answer 1

The size of a jury in charge of a criminal case depends on the weight of the criminal case. A capital criminal case according to the sixth amendment should be tried by a twelve-member jury. In case of misdemeanors, a six-member jury suffices. This is based on the Florida law of 1967 first applied in the Williams v. Florida case of 1970.

In a six-member jury, conviction has to be unanimous i.e all of the six members must approve the conviction before it is done. It is only in a twelve-member jury that conviction does not necessarily have to be unanimous.

The law made by the Nebraska legislature is unconstitutional because it allows all crimes, whether misdemeanor or felony, to be tried by a six-member jury. It also goes against the law of unanimous conviction by a six-member jury.