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
Jury of less than twelve, 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 the 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
Where the misdemeanor offense charged against defendant of
assault in the third degree under §707-712 was not amended to a petty
misdemeanor, and defendant had demanded defendant’s right to a jury trial
pursuant to this section prior to leaving the courtroom, the district court
lacked jurisdiction to proceed to trial; defendant’s conviction for third
degree assault in the course of a mutual affray thus vacated and remanded for a
new trial. 128 H. 479, 291 P.3d 377 (2013).
Family court failed to ensure that defendant's waiver of
defendant's right to a jury trial was voluntary, where defendant failed to sign
defendant's initials next to the paragraph addressing voluntariness on the
written waiver form and none of the family court's questions were directed
towards determining the voluntariness of defendant's waiver. 132 H. 1, 319
P.3d 1009 (2014).
Discussed: 76 H. 360, 878 P.2d 699 (1994).
Notes of Decisions
State v. Gomez-Lobato., 312 P.3d 897 (Haw. 2013).
· cites it 12× “”) (citing HRS § 806-60). Hawai#i Rules of Penal Procedure (HRPP) Rule 5(b)(1) requires that “the court shall in appropriate cases inform the 10 The Sixth Amendment to the United States Constitution provides, in relevant part that, “[i]n all criminal prosecutions, the accused…”
State v. Nakata, 878 P.2d 699 (Haw. 1994).
· cites it 9× “In response to appellants’ arguments, the prosecution points out that HRS § 806-60 (1985) specifically defines “serious crime” in a jury trial context to mean “any crime for which the defendant may be imprisoned for six months or more.”
State v. Sprattling, 55 P.3d 276 (Haw. 2002).
· cites it 4× “Because Sprattling failed to prove by a preponderance of the evidence that his waiver was involuntary, we hold that the district court did not err in this regard.”
State v. Murray, 169 P.3d 955 (Haw. 2007).
· cites it 4× “HRS § 806-60. Because a person convicted of the offense of Abuse of a Family or Household Member, a misdemeanor, may be imprisoned for up to one year, (see HRS § 706-663 (Supp.”
State v. Barros, 95 P.3d 14 (Haw. App. 2004).
· cites it 4× “2d 268, 273 (2000) (“the statutory right to a twelve-person jury trial arises whenever a defendant may be subjected to imprisonment for six months or more” (citing HRS § 806-60 (1993))). Because a violation of a TRO against harassment issued pursuant to HRS § 604-10.”
State v. Kaulia, 291 P.3d 377 (Haw. 2013).
· cites it 2× “HRS § 806-60 (1993) (any defendant charged with a crime for which the defendant may be imprisoned for six months or more has the right to trial by jury); State v.”
State v. Friedman, 996 P.2d 268 (Haw. 2000).
· cites it 2× “HRS § 806-60 (1993) (“Any defendant charged with a serious crime shall have the right to trial by a jury of twelve members.”
State v. Baker., 319 P.3d 1009 (Haw. 2014).
· cites it 4× “8 See HRS § 806-60 (1993). To help ensure that a defendant is aware of his right to a jury trial, HRPP Rule 5(b)(1) provides that, during arraignment, “the court shall, in appropriate cases, inform the defendant of the right to jury trial in the circuit court and that the…”
State v. Ibuos, 857 P.2d 576 (Haw. 1993).
· cites it 2× “HRS § 806-60. Because a person convicted of the offense of Abuse of a Family or Household Member, a misdemeanor, may be imprisoned for up to one year, (see HRS § 706-663 (Supp.”
State v. Mitchell, 15 P.3d 314 (Haw. App. 2000).
· cites it 2× “HRS § 806-60. Because an inattention to driving conviction carried a potential sentence of up to six months in prison at the time of Mitchell’s arrest, Mitchell had a right to trial by jury.”
State v. Taylor., 307 P.3d 1142 (Haw. 2013).
· cites it 2× “VI; Haw. Const. Art. I, § 14 “([i]n all criminal prosecutions, the accused shall enjoy the right to a speedy trial, by an impartial jury of the district wherein the crime shall have been committed .”
State v. Domut., 457 P.3d 822 (Haw. 2020).
· cites it 2× “Consistent with constitutional requirements, HRS § 806-60 (2014) provides that “[a]ny defendant charged with a serious crime shall have the right to trial by a jury of twelve members.”
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