Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition...

Courts and Criminal Justice in America

CHAPTER

Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall

Copyright © 2015 by Pearson Education, Inc.All Rights Reserved

The Jury and the Trial

13



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



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



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



The Jury

In 1215, King Johns signed the Magna Carta• Article 39 provides some basis for

modern juries Early juries were “self-informing”



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



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



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



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



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



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



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”



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



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



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



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



The Jury

TABLE 13–1 Voir Dire Processes by State for Courts of General Jurisdiction



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



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



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



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



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



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



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



The Trial

• The Public Trial Closing Trials• Used in an effort to minimize negative

publicity• Waller v. Georgia• Estes v. Texas



The Trial

Alternatives to Trial Closure• Voir dire • Changes of venue• Jury• Gag orders



The Trial

Opening Statements• Both of the attorneys summarize their

case Prosecutor’s Evidence• Prove beyond a reasonable doubt

(criminal)



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



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



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



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



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



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)



The Trial

• (Insert Figure 13-6)

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