§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).