Right to Trial by Jury

Terms in this set (27)

5th amendment
Rights of the accused: 1) Right to a grand jury indictment. 2) Protection against self-incrimination. 3) Protection against double jeopardy. 4) Right to the due process of the law (right to a fair trial)
6th amendment
Right to a fair trial: 1) RIght to be informed of the charges levied against you. 2) Right to a speedy and public trial. 3) Right to cross-examine state witnesses. 4) Right to subpoena friendly witnesses. 5) Right to counsel.
Civil cases
small claims (<$15,000) argued before a judge in district court
large claims argued before a jury in circuit court
Felonies
criminal proceedings argued at circuit courts
Misdemeanors
criminal proceedings argued at district court
criminal juries
12 person juries and vote must be unanimous
civil juries
6 person juries and vote must be unanimous
Requirements for jury duty
You must be 18 years old, U.S citizen, and resident of that district/county and be able to communicate in english
MVA and registered voter list
What do they use to compile the jury pools?
hung jury
when a jury is unable to come to a unanimous decision
mistrial
when the case is thrown out due to possible bias that impeded a jury's ability to be impartial such as as: misconduct by lawyer or juror, illness or injury, unexpected events
double jeopardy
defendants cannot be retried for the same offense after being found not guilty by a judge or jury (doesn't usually apply in mistrials or when a jury in hung)
Grand jury
serves as a pre-trial jury that determine whether to issue an indictment or not
Petit jury
serves as a trial jury that determines the innocence or guilt of the defedant
Voir dire
Attorneys for each party interview prospective jurors to find who they want on the jury of the case
peremptory challenge
the process where a trial lawyer strikes a prospective juror without stating a reason
Batson v. Kentucky (1986)
This case established that a lawyer cannot remove a juror based on race
J.E.B v. Alabama (1994)
This case established that a lawyer cannot remove a juror based on gender
Challenge for cause
When a prospective juror displays obvious bias
Jury nulification
Occurs when a jury returns a verdict of "not guilty" despite its belief that the state proved its case beyond a reasonable doubt
Constitutional incorporation
The process of nationalizing the bill of rights through the 14th amendment due process clause
fundamental fairness doctrine
If a right is fundamental then it should be applied to the states
Robinson v. California (1962)
This case applied the protection against cruel and unusual punishment to state criminal trials
Gideon v. Wainwright (1963)
This case applied the right to counsel in all felony trials to the states
Malloy v. Hogan (1964)
This case applied the protection against self-incrimination to state criminal proceedings
Miranda v. Arizona (1966)
This case applied that the 5th amendment privilege of self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain a lawyer
Benton v. Maryland (1969)
This case applied the 5th amendment right of protection against double jeopardy to the states
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