3.0232 Trial division—Petit jury.

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(a) A person charged with an offense carrying a maximum possible punishment of over 6 months of imprisonment shall be tried by a jury unless he personally waives this right in writing or in open court. The Chief Justice of the High Court may promulgate Petit Jury Rules and Standard Jury Instructions to govern jury trials in the High Court and District Court. The petit jury shall be comprised of 6 persons. The jury verdict must be unanimous. Voir dire of prospective jurors shall be conducted by the court.

(b) Whenever petit jury trials are held as provided in subsection (a), at least 1 associate judge shall sit with either the Chief Justice, Associate Justice, or Acting Associate Justice, who acts as presiding judge of the High Court. All questions of law shall be ruled upon by the presiding judge.

History: 1978, PL, 15-l00; amd 1979, PL 16-53 § 8, 2005, PL 29-1.

Amendments: 1979 Subsection (a): reworded subsection, mainly to change standard of when jury trial would be had.