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MMLU / A defendant was charged with murder. The killing took place on February 1. At…

Problem

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question

A defendant was charged with murder. The killing took place on February 1. At the time that the crime occurred, this jurisdiction required a unanimous verdict of all 12 jury members for a conviction on a capital offense. On November 1, the state legislature enacted a new law requiring a majority vote of seven of 12 jurors to convict on a capital offense. The defendant's trial began on December 1. He was subsequently convicted of murder by an eight- to-four vote. Following the trial, the defendant's attorney filed a motion to set aside the verdict. Which of the following would provide the strongest constitutional grounds to overturn the verdict?

choices

  1. The ex post facto clause.
  2. The contracts clause.
  3. The due process clause of the Fourteenth Amendment.
  4. The Sixth Amendment right to a fair trial.

subject

professional_law

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