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Right to Trial by Jury - Criminal Prosecution, Size, and Unanimity

This lesson explores some of the basic issues surrounding one of our most basic constitutional rights, the right to a trial by jury. The lesson explores the issues of what constitutes a "criminal prosecution" requiring a jury trial, as well as the issues of size and unanimity requirements for a "jury" to pass constitutional muster. Issues relating to the selection and composition of the jury--the make up of the jury pool, the use of preemptory challenges, etc.--and what decisions must be made by the jury, are the subject of a separate lesson.

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