Courts and Criminal Justice in America
CHAPTER
Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
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The Jury and the Trial
13
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Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
Introduction
• If no plea agreement is reached and the defendant pleads “not guilty”, the case will go to trial
• The trial is a symbol of the moral authority of the state Every defendant has the right to a
hearing conducted under rules of procedure in an atmosphere of fair play and objectivity
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The Jury
• History of the Jury Trial Jurors are independent from the court• Persons other than the judge decide
factual matters• Helps prevent excess meddling by the
government The concern with having impartial
individuals goes back to when Anglo-Saxon kings ruled England
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The Jury
The Normans who conquered England in 1066 also used procedures that set the stage for modern juries
King Henry II (1154-1189) set up a system to resolve land disputes using a jury of twelve free men• Also introduced the concept of the
“presenting jury”• Became one of the precursors to the grand
jury system
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The Jury
In 1215, King Johns signed the Magna Carta• Article 39 provides some basis for
modern juries Early juries were “self-informing”
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The Jury
• Had preconceived notions going in to the trial
American colonists used juries as a means of rallying against unpopular British laws• Solidified a place in the U.S. Constitution
for trial by jury
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The Jury
• The Jury When the Right to a Jury Trial Applies• The right was not extended to the states
until 1968 in the case of Duncan v. Louisiana
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The Jury
Subsequent decisions have restricted this right• There is no Sixth Amendment
constitutional right to a jury in noncriminal proceedings• Known as the noncriminal proceeding
rule
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The Jury
• There is also an”petty crime” exception to the Sixth Amendment right to a jury trial• In Baldwin v. New York the Court
concluded that crime is petty if it has a punishment of less than six months (also known as the six-month rule)
• A defendant charged in a single proceeding with several petty crimes does not have a right to jury trial even if the maximum penalty for all offenses could exceed six months in prison
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The Jury
Waiving the Right to a Jury Trial• There are occasion where a defendant
may wish to waive his or her right to a jury trial• If the case is particularly inflammatory or
is one with which the community is intimately familiar, then obtaining a fair jury may be difficult
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The Jury
• Patton v. United States• The waiver must be “express and
intelligent” and voluntary• Waiver of the right to a jury trial can be
vetoed by the trial judge
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The Jury
Selecting Prospective Jurors• The process behind selecting an impartial
jury is rather complicated• A list of prospective jurors must be
compiled• The jury pool• The requirements to serve vary from state
to state• Potential jurors are selected from the list• A “panel” or “venire”
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The Jury
• Once the jury panel is chosen, then voir dire commences• Many defendants have appealed their
convictions on the ground the jury list or jury panel were biased
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The Jury
• Requires the defendant to prove three facts:• The group alleged to be excluded is a
“distinctive” group in the community• The representation of this group in venires
from which juries are selected is not fair and reasonable• This underrepresentation is due to
systematic exclusion of the group in the jury selection process
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The Jury
The Voir Dire Process• The process is concerned with the
selection of jury members who can be “impartial”• “Voir dire” means “to see what is said.”• At this stage the judge, prosecutor, and
defense have an opportunity to “hear” potential jurors for evidence of bias
• While the jury list or panel may be unbiased an highly representative of the community, the final jury may not be
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The Jury
• There are three main steps to the voir dire process:• Questioning by the judges concerns
potential jurors’ familiarity with case, attitudes, demographic information, etc.• Challenges for the cause is used by both
the defense and prosecution to exclude potential jurors from service on the jury because of bias or a similar reason• Peremptory challenges call for removal of
potential jurors without any type of argument
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The Jury
TABLE 13–1 Voir Dire Processes by State for Courts of General Jurisdiction
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The Jury
• Jury Decision-Making Jury Size and Voting Requirements• A twelve person jury is not a
constitutional requirement• Ballew v. Georgia found a five-member
jury unconstitutional, so the appropriate size is between 6 and 12 members
• Juries do not have to return unanimous verdicts• Guilt can be determined by less than a
unanimous jury in certain jurisdictions
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The Jury
Factors Affecting Jurors’ Decisions• Juror decisions have been studied
through the use of mock juries and the Capital Jury Project• Four main set of factors:• Procedural characteristics• Juror characteristics• Case characteristics• Deliberation characteristics
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The Jury
Jury Nullification/Vilification• Jury nullification is the practice of
either ignoring or misapplying the law in a certain situation• Is jury nullification a problem?
• Jury vilification is when a jury may return verdicts that reflect prejudiced or bigoted community standards when the evidence does not warrant a convictions• Exceptionally rare
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The Trial
• Speedy Trial There is no set standard as to what
constitutes a “speedy” trial In United States v. Ewell, the Court
identified 3 advantages to a speedy trial:• It prevents excessive incarceration• It minimizes anxiety for the accused• It prevents damage to the defendant’s
case
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The Trial
The Problem of Delay• A number of factors contribute to delay,
including an excess of crime and an under-funded criminal justice system• Many states have enacted speedy trial
laws• The Federal Speedy Trial Act
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The Trial
When the Right to a Speedy Trial Applies• United States v. Marion• The accusation rule
When the Right to a Speedy Trial is Violated• Barker v. Wingo
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The Trial
• The Court’s four-element test:• Length of delay• Reason for delay• Defendant’s Assertion of his/her right• Prejudice to the Defendant
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The Trial
• The Public Trial Closing Trials• Used in an effort to minimize negative
publicity• Waller v. Georgia• Estes v. Texas
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The Trial
Alternatives to Trial Closure• Voir dire • Changes of venue• Jury• Gag orders
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The Trial
Opening Statements• Both of the attorneys summarize their
case Prosecutor’s Evidence• Prove beyond a reasonable doubt
(criminal)
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The Trial
• Preponderance of evidence (civil)• Types of evidence include direct,
circumstantial, real, testimonial, demonstrative and material• Witness testimony require witnesses to be
competent and credible• Prosecution performs direct examination
on own witnesses
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The Trial
Cross-Examination• The opposing attorney questions the
witness(s) Redirect and Re-Cross Examination• The process can go on as long as
necessary
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The Trial
Defense Response• The main concern is with establishing
reasonable doubt• May utilize affirmative defense• e.g. Alibi defenses and self-defense
Rebuttal• A rebuttal witness will attempt to attack
the credibility of the previous witness Final Motions and Closing Arguments• Prosecutors go first
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The Trial
Judge’s Instructions to the Jury• The judge will instruct the jury on basic
legal principles, discuss the specific offenses in question, advise of standards and tests, and inform of the verdicts that can be selected
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The Trial
Juror Deliberations• Secretive and sequestered in order to
preserve the jury’s neutrality and objectivity
Hung Juries Occurs when a jury cannot reach a
verdict and becomes deadlocked• The result is generally a mistrial and a
new trial will be held• Allen charge
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The Trial
Post-Verdict Motions• If a defendant is acquitted, the trial ends• Following a guilty verdict, there will be
other hearings• The next step, sentencing, occurs in a
separate post-trial hearing• Summary of Steps in a Criminal Trial
(Figure 13-6)
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The Trial
• (Insert Figure 13-6)
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