Right to Trial by Jury

Terms in this set (27)

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)

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.

small claims (<$15,000) argued before a judge in district court
large claims argued before a jury in circuit court

criminal proceedings argued at circuit courts

criminal proceedings argued at district court

criminal juries

12 person juries and vote must be unanimous

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?

when a jury is unable to come to a unanimous decision

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)

serves as a pre-trial jury that determine whether to issue an indictment or not

serves as a trial jury that determines the innocence or guilt of the defedant

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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