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49 Cards in this Set
- Front
- Back
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What is rule number 23?
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Jury Or Nonjury Trial
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If the Defendant is entitled to a jury trial, the trial must be by jury UNLESS:
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1. The defendant waives a jury trial in writing;
2. The government consents; AND 3. The court approves. |
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A criminal jury consist of how many people?
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12 people UNLESS this rule provides otherwise.
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At ANY time before the verdict, the parties may, WITH the court's approval, stipulate in writing that:
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A. The jury MAY consist of fewer than 12 persons; OR
B. A jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror for good cause after the trial begins. |
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In a case tried without a jury, the court MUST find the Defendant?
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Guilty OR Not Guilty
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If a party requests before the finding of guilty or not guilty the court MUST state?
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Its specific findings of fact in open court OR in a written decision or opinion.
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What rule is Jury or Nonjury Trial?
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Rule 23
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Rule 24 is?
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Trial Jurors
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Who may examine prospective jurors?
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The court may examine prospective jurors OR may permit the attorneys for the parties to do so.
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If the court examines the jurors, it MUST permit the attorneys for the parties to?
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A. Ask further questions that the court considers proper; OR
B. Submit further questions that the court may ask if it considers them proper. |
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Which side is entitled to a certain number of premptory challenges to prosepective jurors?
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Both sides are entitled to a certain number of premptory challenges (prosecution and defense).
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May the court allow additional preemptory challenges and if so to whom and how?
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Yes, the court MAY allow additional premptory challenges to multiple defendants, AND MAY allow the defendants to exercise those challenges separatley or jointly.
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For a capital case, how many premptory challenges is each side allowed to have.
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Each side has 20 preemptory challenges when the government seeks the dealth penalty.
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For other felony cases, how many premptory challenges is the government allowed?
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The government is allowed 6 premptory challenges when the D is charged with a crime punishable by imprisonment of more than one year.
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For other felony cases, how many premptory challenges is the defendant allowed?
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The defendant is allowed 10 premptory challenges when the D is charged with a crime punishable by imprisonment of more than one year.
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For misdemeanor cases, how many premptory challenges is the government allowed when a D is charged with a crime punishable by fine, imprisonment of one year or less, or both?
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The government is allowed 3 premptory challenges.
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For misdemeanor cases, how many premptory challenges is the defendant allowed when a D is charged with a crime punishable by fine, imprisonment of one year or less, or both?
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The D is allowed 3 premptory challenges.
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How many jurors MAY the court impanel to replace any jurors who are unable to perform or who are disqualified from performing their duties.
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The court MAY impanel up to 6 alternate jurors.
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Alternate jurors MUST have the same _______________ as any other juror?
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They MUST have the same qualifications as any other juror.
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Alternate jurors MUST be ______________ AND ____________ in the same manner as any other juror?
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MUST be selected AND sworn in the same manner as any other juror.
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How do alternate jurors replace jurors in which the alternates are selected?
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In the same sequence.
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An alternate juror who replaces a juror has the same ____________ as the other jurors?
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Authority
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Can the court retain alternate jurors after the jury retires to deliberate?
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Yes, the court can retain alternate jurors.
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What MUST the court ensure that a retained alternate juror does not do?
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The court MUST ensure that the alternate juror does not discuss the case UNTIL that alternate replaces a juror OR is discharged.
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If an alternate replaces a juror after deliberations have begun, what MUST the court intruct the jury to do?
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The court MUST instruct the jury to begin its deliberations anew.
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How many premptory challenges is each side entitled to in regards to alternate jurors AND when MAY these additional premptory challenges be used.
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1 or 2 alternates - one additional premptory challenges is permitted.
3 or 4 alternates - two additional 5 or 6 alternates - three additional The additional challenges MAY be used ONLY to remove alternate jurors. |
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What rule is Trial Jurors?
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Rule 24
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What is rule 26.3?
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Mistrial
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Before ordering a mistrial, the court MUST give each D and the government an opportunity to?
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To comment on the propriety of the order, to state whether that party consents or objects, and to suggest alternatives.
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A declaration of a mistriral requires the court to enter?
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An order in writing.
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What is rule 29?
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Motion For A Judgment Of Acquittal
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How is a motion for a judgment of acquittal always presented to the court?
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It is always presented orally and it MUST be docketed on the docket as a Motion for a Judgment of Aquittal (Oral Motion) in CM.
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What MUST a case manager do when the disposition of a motion for a judgment of acquittal is taken under advisement?
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The case manager MUST complete a minute entry staing that the disposition of the motion was taken under advisement.
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In reagrds to timining, a Defendant MAY move for a judgment of acquittal, OR renew such a motion within. . .
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14 days AFTER a guilty verdict OR after the court discharges the jury, whichever is later.
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When ruling on the motion for a judgment of acquittal, if the jury has returned a guilty verdict, the court MAY?
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MAY set aside the verdict AND enter an acquittal.
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Failinng to enter a verdict equals
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Equals a mistrial.
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A defendant is NOT required to move for a judgment of acquittal before the court submits the case to a jury as a. . .
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As a prerequisite for making such a motion after jury discharge.
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If the court enters a judgment of acquittal after a guilty verdict, the court MUST also. . .
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MUST also conditionally determine whether any motion for a new trial should be granted IF the judgment of acquittal is later vacated OR reversed AND the court MUST specify the reasons for that determination.
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Motion For A Judgment Of Acquittal is what rule?
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Rule 29
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Rule 31 is?
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Jury Verdict
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The jury MUST return its verdict to?
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To a judge in open court.
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The verdict MUST be. . . ?
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Unanimous
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If there are multiple defendant, the jury MAY return a verdict at ANY time during its deliberations as to. . .
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As to ANY Defendant about whom it (the jury) has agreed.
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IF the jury CANNOT agree on ALL counts as to ANY defendant, the jury MAY
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MAY return a verdict on those counts as on which it has agreed.
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IF the jury CANNOT agree on a verdict on one or more counts, the court MAY
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The court MAY declare a mistrial on those counts.
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The government MAY retry a Defendant on ANY count on which. . . ?
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On ANY count on which the jury COULD NOT agree.
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After a verdict is returned BUT before the jury is discharged, the court MUST?
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The court MUST on a party's request, or MAY on its own, poll the jurors individually,
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IF the poll reveals a lack of unanimity, the court MAY direct the jury to. . . ?
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To deliberate further OR MAY declare a mistrial AND discharge the jury.
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A Defendant MAY be found guilty of ANY of the following:
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1. An offense necessarily included in teh offense charged;
2. An attempt to commit the offense charged; OR 3. An attempt to commit an offense necessarily included in the offense charged, if the attempt is an offense in its own right. |
