Chapter 13- Trials and Juries
Terms in this set (61)
a jury of 12 persons impaneled to try and to decide finally upon the facts at issue in causes for trial in a court
(or deadlocked jury) is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority.
Master Jury List
The list of citizens in a court's district from which a jury can be selected.
A writ issued by a judge to a sheriff directing the summons of prospective jurors.
an order to appear before a judge or magistrate, or the writ containing it.
is designed to exempt from disclosure information that is required or permitted to be kept secret by other federal laws, when the law in question: ... However, under the statute, a requester who is a U.S. citizen or permanent resident alien can still receive information on themselves.
a preliminary examination of a witness or a juror by a judge or counsel.
Challenges For Cause
is a request that a prospective juror be dismissed because there is a specific reason to believe the person cannot be fair, unbiased or capable of serving as a juror. It is usually made during the voir dire phase (questioning of the jurors) in a lawsuit.
The second method used by the prosecution and the defense in influencing who will sit on the jury.
a juror who is selected in the same manner as a regular juror and hears the evidence in a case along with the regular jurors, but does not help decide the case unless called upon to replace a regular juror.
Scientific Jury Selection
often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial.
human behavior experts, helping attorneys research and select jurors and provide insight into juror behavior. Jury consultants are used in both criminal trials and in complex civil litigation.
Presumption of Sanity
is a concept in criminal law used to allocate burdens relating to the insanity defense. In Clark v. Arizona, the U.S. Supreme Court relied on the presumption to affirm the exclusion of evidence introduced to negate mens rea.
Presumption of Innocence
Requires the trier-of-fact to accept that the defendant is innocent unless the prosecution meets its burden to prove that the defendant is guilty beyond a reasonable doubt.
Burden of Proof
the obligation to prove one's assertion. The burden of production and persuassion.
Burden of Production
(Often referred to as the "burden of going forward"), they must produce some evidence to put facts in issue.
Burden of Persuasion
Is the obligation of a party to prove a fact (or facts) to a certain level, either beyond a reasonable doubt, by clear and convincing evidence, or by a preponderance of the evidence.
is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a Reasonable Doubt.
Consists of physical objects, testimony, or other things offered to prove or disprove the existence of a fact.
Is first-hand evidence that does not require any inferences to be drawn in order to establish a proposition of fact.
(best example: eyewitness testimony)
Is indirect evidence.
Is oral testimony given under oath.
Consists of tangible objects such as documents, drug paraphernalia, clothing, and weapons.
The formal result of forensic investigatory and scientific techniques.
Has no evidential value by itself. Rather it serves as a visual or auditory aid to assist the fact-finder in understanding the evidence.
Rules of Evidence
The presentation of evidence during trial is governed by these principals.
Means that to prove the consent of a writing, recording, or photograph, the original is generally required, since a copy is too easily altered.
Secondhand evidence. Testimony based on repetition of what another person said.
After a question is asked but before the witness answers, the attorney may object if the evidence is irrelevant or hearsay.
If the erroneous evidence is deemed so prejudicial that a warning to disregard is not sufficient, the judge may declare a Mistrial.
Once the jury has been selected and sworn, the trial begins with opening statements by both sides, outlining what they believe the evidence in the case will prove.
Prosecutor asks open-ended, nonleading questions to prosecutorial witnesses, focusing on questions that get at who, what, when, where, how, and why.
The defense has the right to cross-examine any witnesses for the prosecution.
Motion for Judgement of Acquittal
The court must enter such a judgement whenever the prosecution fails to introduce sufficient evidence to sustain a conviction as a matter of law.
The defendant can not be compelled to be a witness against himself or herself.
Once the defendant has taken the stand, the state can impeach the defendant's credibility by introducing into evidence any prior felony convictions and, in some circumstances, other prior misconduct.
The prosecutor may call a rebuttal witness to show that the previous witness could not have observed what she said she did because she was somewhere else at the time.
allow each side to sum up the facts in its favor and indicate why it believes a verdict of guilty or not guilty is in order.
Begin with the discussions of general legal principles (innocent until proven guilty, guilty beyond a reasonable doubt, and so forth).
The judge and the trial attorneys prepare the jury instructions during a special charging conference that precedes jury deliberations.
Occur on the rare occasions when the jurors request further instructions from the judge about the applicable law or ask to have portions of the testimony read in open court.
Strongly worded jury instruction that encourages jurors to continue deliberations until a verdict is reached.
Information not admitted into evidence during a trial.
Once the jury informs the judge that a decision has been reached, the lawyers and the defendant gather in the courtroom.
Reaching a trial verdict of acquittal (not guilty) ends the case; the defendant can leave the courthouse a free person.
Heard prior to sentencing. These motions give the defense attorney the opportunity to reargue alleged mistakes made at trial.
The right of juries to nullify or refuse to apply law in criminal cases despite facts that leave no reasonable doubt that the law was violated.
Prejudicial Pretrial Publicity
The media's ability to taint the venire so that potential jurors are incapable of rendering a fair and impartial verdict based on the evidence presented in court because pretrial publicity has already shaped their opinions of the case.
The place where a case is tried.
Griffin v. California (1965)
5th Amendment violation for the prosecutor to comment to the jury on the defendant's declining to testify.
Baldwin v. New York (1965)
New York cannot constitutionally provide that misdemeanors carrying sentences up to one year shall be tried in New York City without a jury.
Williams v. Florida (1970)
5th Amendment does not entitle a defendant in a criminal trial to refuse to provide details of his alibi witnesses to the prosecution, and that the 6th Amendment does not require a jury to have 12 members.
McKeiver v. Pennsylvania (1971)
A trial by jury is not constitutionally required in the adjudicative phase of a state juvenile court delinquency proceeding.
Johnson v. California (1972)
California had an unwritten policy of racially segregating prisoners in double cells in reception centers to prevent violence among racial gangs. Johnson was a prisoner in a California facility and sued, claiming that this policy violated the Equal Protection Clause of the 14th Amendment.
Apodaca v. Oregon (1972)
The U.S. Constitution does not require state juries to reach unanimous verdicts. It does not violate the accused's 6th and 14th Amendment rights if convicted by a less-than-unanimous jury.
Ballew v. Georgia (1978)
Six is the minimum number for a jury.
Burch v. LA (1979)
Six-member criminal juries must be unanimous.
Batson v. KY (1986)
The Equal Protection Clause of the 14th Amendment prohibits prosecutors from exercising peremptory challenges in a racially discriminatory manner.
Georgia v. McCollum (1992)
As with prosecutors in Batson, the Equal Protection Clause of the 14th Amendment also prohibits the defense from exercising peremptory challenges in a racially discriminatory manner.
Daubert v. Merrill Dow Pharmaceuticals (1993)
The trial judge must ensure that any and all scientific evidence is not only relevant, but also reliable.
Victor v. NE (1994)
"The Due Process Clause requires the government to prove a criminal defendant's guilt beyond a reasonable doubt, and trial courts must avoid defining reasonable doubt so as to lead the jury to convict on a lesser showing than due process requires. In these cases, [the court] conclude[d] that, 'taken as a whole, the instructions correctly conveyed the concept of reasonable doubt to the jury.'"