OTHERS IN THE JUDICIAL PROCESS Guaranteed by the 6 th Amendment Applicable to the states Duncan v Louisiana Applies only to criminal cases Does not apply to petty misdemeanor cases Purpose is to protect defendants from the exercise of arbitrary power ID: 637539
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CHAPTER SIX
JURORS, WITNESSES, AND
OTHERS IN THE JUDICIAL PROCESSSlide2
Guaranteed by the 6
th
AmendmentApplicable to the states (Duncan v. Louisiana)Applies only to criminal casesDoes not apply to petty misdemeanor casesPurpose is to protect defendants from the exercise of arbitrary power
Right to a Jury TrialSlide3
Few cases use petit (trial) juries
Attitudes about jury service
Honor and civic obligationHassle and disruption of schedulesRequirementsAge of majorityU.S. CitizenshipSpeak, read, and understand English
Reasons for disqualification
Conviction of a felonyConviction of a crime of moral turpitudeProfessional exemption
Jurors and Jury ServiceSlide4
Jury of the defendant’s peers
Individuals qualified for jury service
May not resemble the defendantGroups of potential jurors (venire) are contactedList created using master lists or master wheelsMethodsVoter registrationRegistered drivers
Tax rolls
City/county directoriesMotor vehicle registrationTelephone directoriesUtility customers
Jury SelectionSlide5
List Assembly
County Court Clerks
Jury CommissionersJury Service Frequency varies by stateOnce a year (14 states)Once every 2 years (14 states)Once every 3 years (10 states)
Once every 4 years (2 states)
Others are determined by whether a person is seated and the number of trial daysJury SelectionSlide6
A jury is selected from 36-48 potential jurors
Potential jurors are questioned (
voir dire)BackgroundCase knowledgeJuror exclusionsChallenge for causePrejudice regarding the case
Prejudgment of the case
Peremptory challengeAvailable to each attorney in limited numberNo reason needs to be givenCannot be used in a discriminatory way
Exclusions usually result in a neutral jury
Excusals at the Time of TrialSlide7
Listen to evidence
Decide what the truth is
Decide the facts in a caseCannot take notesSocial media has become an issueJudge gives instructions to juryJury Deliberations
Election of a foreperson to preside over deliberations
Preliminary voteDeliver a verdictJuror DutiesSlide8
Traditionally 12 people
Smaller juries may be used in some instances
Save time and moneyMay not be truly representativeJury SizeSlide9
Traditionally, verdicts must be unanimous
Not required in all instances
Verdict must be unanimous in a death penalty caseHung jury (unable to reach a unanimous verdict)Charges dismissed, orCase is retriedJury UnanimitySlide10
Eyewitnesses
Personal knowledge or observation
Can testify to anything perceived through the physical sensesSightHearingSmellTouchTaste
Most common type of witness
Reasons for testimonyCivic dutyCourt requirement
Lay WitnessesSlide11
Testify regarding professional opinion
Expertise must be established and qualified by the judge
Work experienceEducational backgroundProfessional consultationResearch Paid for their time and expertise
Attorneys may depose the witness prior to trial
Expert WitnessesSlide12
Courthouse security has increased nationwide
Threats to various legal professionals
Duties of bailiffSecurity and order in courtroomSecure entrances and courtroomsScreen visitorsAnnounce judge’s entry into courtroomCall courtroom to orderEscort jury members
Supervise sequestered juries
Monitor public areasBailiffsSlide13
Scheduling
Set court docket
Schedule court reportersProduce and distribute trial transcriptManage recordsCollect fees and fines
Court Clerks and AdministratorsSlide14
Court Unification
Judicial Superintendents
Administrative PersonnelPolicy ResearchPound’s Principles of Court ReformSlide15
Exercise control over daily court operations
Emerged as a profession in the 1970s
ResponsibilitiesBudgetingPersonnel AdministrationJury ManagementCase SchedulingAdministrative Office of Courts
Administrators are appointed by the chief judge
Represented by the National Association for Court ManagementAdministrative PersonnelSlide16
Court Reporters
Maintain verbatim transcripts of all court proceedings
Important for appealsCourt reporting has become scientificInterpretersForeign languagesAmerican Sign LanguageOther Courtroom Personnel