Trial Process
Terms
undefined, object
copy deck
- What amendment gives the DF a right to trial by an impartial jury
- 6th
- Patrick Henry explanation of why jury is important: B/c it ____ the ___ of oppression from cutting you off....as long as I have ___, my _____ will protect me
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Prevents
Hand
Existence
Neighbors - ____v. _____ said that the ___th Amendment DP guarantes a right to jury trial in all criminal cases if the crime is punishable by more than ____ months
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Duncan v. Lousiana
14th
6 months - What did Justice Harlan in Duncan v. Lousiana regarding petty offenses vs. nonn-petty
- In petty cases there is no right to jury trial-- not b/c fairness isn't an issue in petty cases-- it is b/c the burden of a jury trial outweigh the advantages. So, whenever a state finds that the burden of a jury trial outweighs the advantages-- they should be able to adjust
- If DF is indicted for 3 petty offenses that when added together have a possible punishment of 1 1/2 years imprisonmentis he entitled to a jury? Why or why not
- no. Ct will not aggregate offenses
- Under what rule may a DF waive his right to jury trial? Who's approval and consent is needed
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23
The court and prosecutor - Do juries have to consist of 12 persons?
- No
- T/F- SC has upheld 6 person juries in non-capital cases
- T
- T/F SC has upheld 5 person juries
- F
- Under Federal rule ___ jury verdicts must be unanimous in federal courts. The ___ amendment did not incorporate this feature to state courts. THerefore, ct has upheld convictions of 11-1, 10-2, and ___ verdicts b/c this is a ______ majority
-
31
14th
Substantial - What is the Fair Cross-Section Requirement? Does it apply to the actual jury?
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Venire from which petit juries are selected must represent a fair corss section of the community
No. - How do you show a prima facie case of a violation of the fair-cross section requirement. 3 things. Give example
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1. Group alleged to be excluded is a disinctive group in the community
2. The venire draw is not fair and reasonable in relation to such persons of the community
3. The underrepresentation is do to a systmatic exclusion. Ex. THere are a lot of hispanics in the community. THe venire pulled doesn't respresent the Hispanic community and this is due to a systematic exclusion. - Once the DF has made a prima facie case showing a violation of the fair cross requirement, the State can justify the infringement by showing what?
- Attainder of the fair cross section is incompatible with a significant state interest
- What was Rhenquists dissent in Taylor v. LA regarding exemptions for doctors but not women from the venire
- Both offer distinct qualities-- Regardless of who is chosen-- the same evidence is heard and result should be the same
- What if a venire results in 100 pot'l jurors who are all men. Does this mean violation of the 6th amendments
- Mayeb-- if there is a systemic problem
- What are two ways jurors can be stricken from service?
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1. For cause challenge
2. Peremptory challenge - What is a for-cause challenge and how many are each sides given
- Pot'l juror can be stricken b/c they cannot be impartial-- they have some biase. ATtys get unlimited # of for-cause challenges
- What is a peremptory challenge? How many are given to each side?
- Pot'l juror can be stricken for usually any reason w/out having to give an explanation of why a juror was struck. There is a limited number and usually the defense is given more
- When can/should questions be asked about racial biased
- In circumstances in which the risk of racial prejudice is so great
- Why did U.S. v. Barber not allow racial inquiry when an interracial couple was on trial
- The fail to establish a reasonable probability that racial prejudice might influence the jury
- Under People v. _____ although a DF is entitled to a trial by an impartial jury, its not required that the ____ be totally _____ of the facts and issues involved. It is sufficient if the juror can lay aside his impression or ____ and render a verdict of
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Newton
jury
ignorant
opinion
evidence - What is the process in which either the judge or both sides' lawyers question the pot'l jurors to eliminate some?
- Voir dire
- Under U.S. v. _____; the central inquiry to determine whether a juror should be excused for cause is whether the juror holds a particular ___ or ____ that will prevent or substantially ____ the performance of his duties as a ____ in accordance with his i
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Salamone
belief
Opinion
impair
juror - If a pot'l juror is a mbr of the KKK, Nazi or NRA-- what else needs to be shown under U.S. v. Salamone in order to excuse them for cause?
- That that juror individually posses views that would justify dismissal
- If someone doesn't believe in the death penalty can they be excused? If so, what will they be called
- Maybe-- if that means they cannot be impartial. Witherspoon excludables
- If a Witherspoon excludable can be imparitial in a death sentence case why can't they be excluded
- b/c then the jury would be made up of only people willing to condemn the DF to die
- What case held that it is a violation of _______ for the prosecution to exercise its ______ challenges for the purpose of excluding jurors on the account of their race
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Baston v. Kentucky
Equal Protection Clause
Peremptory - How do you raise of prima facie case of purposeful discrimination when using peremptory challenges
- 1. Show some mbrs of a group or gender have been eliminated. 2. THis exclusion was based on race or gender-- look at pattern of strikes or questions asked by prosecution
- Does at DF arguing purposeful discrimination in use of peremptory challenges have to be a mbr of the excluded group? Does it have to involve race
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No.
No. Also gender - How can the prosecutor rebut the prima facie case of purposeful discrimination involving peremptory challenges.
- GIve a neutral explanation
- What was Marshall's Concurrence in Baston v. Kentucky
- The test set out will not end end discrimination. Peremptory challenges should be banned altogether. Under test it is easy for prosec. to show a neutral reason, and judge won't second guess that
- What was Rehnquist dissent in Baston
- Sees no problem in using peremptory challenges to strike blacks--- as long as this is used across the board
- Jury _____ is a jury's ____ and _____ rejcection of the _____ or refusal to apply the law either b/c the jury wants to sent a message about some social issue or b/c the result dictated is contrary to jury's sense of justice
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Nullification
knowing
Deliberate
evidence - T/F Jurors are presumed to follow the instruction that they are given
- T
- One of the rules that juror are charged with is that they have to base their ___ soley on the _____
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verdict
evidence - According to U.S. v. ______, the _____ cannot aks into the _____ _______ during the jury deliberation
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THomas
Judge
mind process - ___ amendment gives accused the right to be confronted w/ witnesses against him
- 6th
- What is one exception to the right to confront witnesses against DF found in Maryland v. ____ Policy?
- Children testifying if it would impair the child's ability to communicate. But testimony is allowed by one-way t.v. Policy- protects the physical and psychological well beign of child abuse victims outweighs DF's right
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What is the rape shield law?
When is there an exception?
Give Ex. -
Prohibits admission of certain evidence of V's past relationship in rape cases.
Exception. if it would violate the DF's right to confrontation.
Ex. When DF's theory that V has a motive to lie. - What is the main case that gives a co-DF's confession excluded?
- Bruton
- What is the Bruton Rule?
- A DF is deprived of his right under the Confrontation Clause when his coDF 's incriminating confession is introduced at their joint trial
- How does Cruz extend the Bruton rule
- A DF is deprived of his right under the Confrontation Clause when his coDF's incriminating confession is introduced at their joint trial, even if the DF's own confession is admitted against him
- What is one way to get around the Bruton rule
- Use Redacted Statements
- What is the rule regarding redacted statements (why is deleted deleted instead of DF's name not ok). What case gives this rule
- Redaction that replaces a DF's name w/ an obvious indicaion deletion does fall w/in Brutorn's protective rule. Gray v. MD
- What amendment gives the right to obtain witnesses in DF's favor
- 6th
- Does right to have witnesses mean the right to require witnesses to produce documents
- Yes
- Can ct impose a saction of refusing a DF witness to testify if DF atty violates discovery procedures
- Yes-
- Under Griffin v. CA, when DF refuses to take the stand, why can't prosecutor point this out to the jury
- B/c this violates the 5th Amendment. Puts the DF' between a rock and hard place. He is being compelled to testify against himself
- If the Prosecutor calls 1/12 witness can the DF point out that they didn't call the other 11 and this can be inferred to mean they would testify otherwise
- Yes
- Is it iokay for gov. to say that the gov. has produced 10 witness and the evidence in the case is uncontradicted?
- Cts differ on this issue.
- T/F-- DF's do not have a right to an instruction that the jury should draw no inference from the failure to testify
- F
- Can the judge draw inferences about the facts of the offense when determining sentencing from the DF's refusal to testify?
- No
- What is an Allen charge?
- When jury is deadlocked, ct will give them a charge to go back and try to reach consensus
- What are the 3 outcomes of a jury deliberation
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Conviction
Hung Jury- (mistrial)
Acquittal - What are the 3 types of jury misconduct that can cause deliberation to fail?
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1. Jury tampering
2. External influences
3. Prejudging the case