TRIAL; EVIDENCE AND PRESUMPTIONS; DEPOSITIONS

 

     [§806-60]  Jury of twelve required.  Any defendant charged with a serious crime shall have the right to trial by a jury of twelve members.  "Serious crime" means any crime for which the defendant may be imprisoned for six months or more. [L 1979, c 89, §2]

 

Cross References

 

  See Const. Art. I, §14.

 

Rules of Court

 

  See HRPP rule 23(b).

 

Attorney General Opinions

 

  Proposed amendment to section did not require constitutional amendment because jury comprised of six members in cases involving non-serious crimes tracked language of §14 of article I of state constitution; however, definition of "serious crimes" as exclusively crimes for which the defendant faces possibility of imprisonment of at least six months, was inconsistent with the principle that crimes that do not carry the possibility of this specific term of imprisonment may nonetheless constitute "serious crimes" which trigger constitutional right to jury trial.  Att. Gen. Op. 97-2.

 

Case Notes

 

  Discussed:  76 H. 360, 878 P.2d 699.