CLASS NO. 28

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CLASS NO. 28

• JURY TRIAL

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Right to Jury Trial

• Article III, 2
• Sixth Amendment

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When right to jury trial?

• Duncan v. Louisiana (1968)
• Faced possible 2 years
• Right to jury trial
• No right if just petty offense
• Baldwin v. N.Y. (1970)
• Petty offense lt 6 months

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Size of the Jury?

• Williams v. Florida
• No requirement for 12-person jury
• Suggests as few as 6- person jury possible
  Ballew v. Georgia

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Unanimity Required?

• Apodaca v. Oregon
• 10-2 11-1 splits
• Do not need unanimous juries
• May need unanimous if small jury (6 person)
  Burch

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Jury Selection

• Goals of selecting jurors?
• Process?
• Selecting venire (panel)
• Selecting petite (trial) jury
• Challenges for cause
• Peremptory challenges

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Selecting Venire (Panel)

• Taylor v. Louisiana (1975)
• No women, please
• Violates the 6th Amendment
• Right to cross-section of community

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(Un)Picking Trial Jury

• Challenges for Cause
• Juror cannot be objective and fair
• Peremptory challenges
• Discretionary challenges

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Constitutional Limitations on Use of Peremptory
Challenges

• Batson v. Kentucky (1986)
• Modified Swain
• Cannot use peremptory challenges to discriminate
  on basis of race

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Making a Batson Challenge

• Pattern of discriminatory challenges
• Burden shifts to state for race-neutral reason
• Court decides on credibility of explanation

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Justice Marshalls concurrence

• Batson is only a band aid
• Discrimination will continue
• Only true solution is to eliminate peremptory
  challenges

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QUESTIONS AFTER BATSON

1. Standing for E.P. challenge?
2. Does Batson apply to civil cases?
3. Does Batson apply to defense peremptory
   challenges?
4. What is the remedy for Batson violations?
5. Does Batson prohibit other types of
   discrimination?
6. What qualifies as a neutral explanation?

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Recent USSC Cases

• Johnson v. California (2005)
• To raise inference, need not show that more
  likely than not race used for peremptory
  challenge
• Miller-El v. Dretke (2005)
• Type of proof sufficient to show policy
• Rice v. Collins (2006)
• Rolling eyes racially neutral reason
• Breyer continues Marshalls call to eliminate
  peremptory challenges

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Inconsistent Verdicts

• Constitutionally permissible
• Broad discretion to jurors