Trials and Juries

1
Trials and Juries

• Dr. Michelle L. Meloy

2
Constitutional Right to a Jury Trial

• Jury trials are mentioned three times in the U.S.
  Constitution
• Jury trials are designed to protect citizen
  against vindictive prosecutors or distrusted
  judges
• 6th amendment defendant has a right to a speedy,
  public trial by an impartial jury
• Mentioned also in the 7th amendment and
  incorporated into the 14 amendement

3
Background on juries

• Trial by jury has a long history
• First used in Athens, Greece (5 or 6 centuries
  B.C.) then Rome, then France (9th century) and
  then England
• Idea that juries function as impartial fact
  finding bodies formalized in Magna Carta 1215,
  England

4
Jury Size

• Historical accident that juries usually 12
  persons
• 6th amendment does not require 12 person juries
  or unanimous verdicts
• U.S.S.C case law has defined the context and
  scope of these rights
• Federal system is entitled to a 12-person jury
• Six person juries are constitutional in the
  states, except in capital cases.
• Fewer than 6 jurors on a panel is
  unconstitutional.

5
Jury Rulings Unanimous?

• U.S. Supreme Court case law has determined
• Federal criminal juries must be unanimous.
• There is no federal requirement that state juries
  must be unanimous.
• State courts may use 9-3 or 10-2 verdicts
• Six member juries must be unanimous
• Only five states use non-unanimous verdicts

6
Non-unanimous verdicts and small jury sizes?

• Problems?
• What are some potential due process concerns with
  these forms of law in action?

7
Law on the Books Selecting a Fair Jury

• Trials can be won or lost in jury selection
  process
• Three steps
• Master Jury List First step
• Where do these list come from?
• Who is included? Excluded?
• Venire Selecting the jury pool
• Voir Dire To Speak the truth!
• Challenge for Cause unlimited
• Peremptory Challenge limited

8
Peremptory Challenges

• Method for excusing a potential juror without
  specifying the reason
• A means for both sides to remove an otherwise
  qualified juror
• U.S. Supreme Court has ruled that neither side
  can dismiss a potential juror based solely on
  race or gender
• Death row inmates have received new trials by
  appellate courts because of racial bias during
  jury selection (2005)

9
Steps of the Criminal Trial

• Two types of trials
• Bench
• Jury
• Jury Selection
• Opening Statements
• Prosecution Case in Chief
• Direct Examination
• Cross Examination
• Redirect

10
Steps of the Criminal Trial Continued ...

• Defense Case in Chief
• Direct Examination
• Cross-Examination
• Redirect
• Rebuttal
• Closing Arguments
• Jury Instructions
• Jury Deliberations
• Verdict
• Post-verdict Motions

11
Burden of Proof in a Trial

• Prosecution must prove defendants guilt beyond a
  reasonable doubt
• Reasonable doubt legal yardstick measuring
  sufficiency of evidence
• Absolute certainty not required!
• Defense need not prove anything and therefore
  need not present any evidence.

12
Types of Evidence

• Introduction of all trial evidence is dictated by
  specific principles. Types of evidence include
• Real Evidence
• Things that are tangible.
• Gun, knife, documents, etc.
• Testimony
• Statements by competent witnesses.
• Direct Evidence
• Usually Eyewitness Testimony.
• Indirect Evidence
• Circumstantial Evidence Inference made from
  evidence.

13
Rules of Evidence Trustworthiness

• Judge must decide whether a trial would be more
  fair with or without the evidence
• Best-Evidence Rule
• Usually only the original document or object is
  admissible.
• A witness may be too young to be competent
• Hearsay Evidence
• Secondhand not based on personal knowledge
• A repetition of what another person has said
  outside of court.
• Generally excluded from trial i.e., dying
  declarations

14
Rules of Evidence Relevancy

• Evidence must also be relevant
• Must be a valid reason for introducing the
  statement, object, or testimony.
• Evidence not related to an issue at trial is
  immaterial or irrelevant.
• Information about a defendants character may be
  used to impeach his or her testimony.

15
Scientific Evidence

• Not all scientific evidence is admissible.
• Polygraphs not accepted in court.
• Hypnosis not accepted in court.
• General acceptance test was standard for 70 years
  but no longer
• Judges must be active in screening admission of
  scientific evidence

16
Defenses

• Alibi Defenses
• Defendant was elsewhere at the time of crime
• Affirmative Defenses
• Self-Defense
• Duress
• Entrapment
• Insanity
• Diminished Responsibility/Capacity

17
Insanity Defense

• McNaughton Rule Accused not able to distinguish
  between right and wrong. Oldest most
  restrictive
• Irresistible Impulse Person driven to commit act
  by an urge that cannot be resisted or overcome
  because mental disease or derangement
• Substantial Capacity Test Person not responsible
  if a mental illness keeps them from appreciating
  the criminality of the conduct or this defect
  makes it impossible for them to conform the law
  (most common)
• Bottom-line Rarely used and rarely successful

18
Jury Related Issues

• Venue
• Jurisdiction of the court.
• Change of venue motions
• Motion made a party to the lawsuit to change the
  place where the case is supposed to tried. Often
  requested when there is a lot of pretrial
  publicity.
• Gag Order
• Forbidding those involved in the case from
  talking to the press.
• Contempt of Court
• A violation of a Judges order.

19
Jury Issues Continued

• Jury Nullification the right of juries to
  nullify or refuse to apply law in criminal cases
  despite facts that leave no reasonable doubt that
  the law was violated.
• Jury Sequestering to isolate members of a jury
  from the community until they have reached a
  final verdict.