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55 Cards in this Set
- Front
- Back
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What amendment gives the DF a right to trial by an impartial jury
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6th
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Patrick Henry explanation of why jury is important: B/c it ____ the ___ of oppression from cutting you off....as long as I have ___, my _____ will protect me
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Prevents
Hand Existence Neighbors |
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____v. _____ said that the ___th Amendment DP guarantes a right to jury trial in all criminal cases if the crime is punishable by more than ____ months
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Duncan v. Lousiana
14th 6 months |
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What did Justice Harlan in Duncan v. Lousiana regarding petty offenses vs. nonn-petty
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In petty cases there is no right to jury trial-- not b/c fairness isn't an issue in petty cases-- it is b/c the burden of a jury trial outweigh the advantages. So, whenever a state finds that the burden of a jury trial outweighs the advantages-- they should be able to adjust
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If DF is indicted for 3 petty offenses that when added together have a possible punishment of 1 1/2 years imprisonmentis he entitled to a jury? Why or why not
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no. Ct will not aggregate offenses
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Under what rule may a DF waive his right to jury trial? Who's approval and consent is needed
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23
The court and prosecutor |
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Do juries have to consist of 12 persons?
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No
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T/F- SC has upheld 6 person juries in non-capital cases
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T
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T/F SC has upheld 5 person juries
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F
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Under Federal rule ___ jury verdicts must be unanimous in federal courts. The ___ amendment did not incorporate this feature to state courts. THerefore, ct has upheld convictions of 11-1, 10-2, and ___ verdicts b/c this is a ______ majority
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31
14th Substantial |
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What is the Fair Cross-Section Requirement? Does it apply to the actual jury?
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Venire from which petit juries are selected must represent a fair corss section of the community
No. |
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How do you show a prima facie case of a violation of the fair-cross section requirement. 3 things. Give example
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1. Group alleged to be excluded is a disinctive group in the community
2. The venire draw is not fair and reasonable in relation to such persons of the community 3. The underrepresentation is do to a systmatic exclusion. Ex. THere are a lot of hispanics in the community. THe venire pulled doesn't respresent the Hispanic community and this is due to a systematic exclusion. |
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Once the DF has made a prima facie case showing a violation of the fair cross requirement, the State can justify the infringement by showing what?
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Attainder of the fair cross section is incompatible with a significant state interest
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What was Rhenquists dissent in Taylor v. LA regarding exemptions for doctors but not women from the venire
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Both offer distinct qualities-- Regardless of who is chosen-- the same evidence is heard and result should be the same
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What if a venire results in 100 pot'l jurors who are all men. Does this mean violation of the 6th amendments
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Mayeb-- if there is a systemic problem
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What are two ways jurors can be stricken from service?
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1. For cause challenge
2. Peremptory challenge |
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What is a for-cause challenge and how many are each sides given
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Pot'l juror can be stricken b/c they cannot be impartial-- they have some biase. ATtys get unlimited # of for-cause challenges
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What is a peremptory challenge? How many are given to each side?
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Pot'l juror can be stricken for usually any reason w/out having to give an explanation of why a juror was struck. There is a limited number and usually the defense is given more
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When can/should questions be asked about racial biased
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In circumstances in which the risk of racial prejudice is so great
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Why did U.S. v. Barber not allow racial inquiry when an interracial couple was on trial
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The fail to establish a reasonable probability that racial prejudice might influence the jury
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Under People v. _____ although a DF is entitled to a trial by an impartial jury, its not required that the ____ be totally _____ of the facts and issues involved. It is sufficient if the juror can lay aside his impression or ____ and render a verdict of the ______
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Newton
jury ignorant opinion evidence |
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What is the process in which either the judge or both sides' lawyers question the pot'l jurors to eliminate some?
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Voir dire
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Under U.S. v. _____; the central inquiry to determine whether a juror should be excused for cause is whether the juror holds a particular ___ or ____ that will prevent or substantially ____ the performance of his duties as a ____ in accordance with his instructions and his oath
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Salamone
belief Opinion impair juror |
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If a pot'l juror is a mbr of the KKK, Nazi or NRA-- what else needs to be shown under U.S. v. Salamone in order to excuse them for cause?
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That that juror individually posses views that would justify dismissal
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If someone doesn't believe in the death penalty can they be excused? If so, what will they be called
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Maybe-- if that means they cannot be impartial. Witherspoon excludables
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If a Witherspoon excludable can be imparitial in a death sentence case why can't they be excluded
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b/c then the jury would be made up of only people willing to condemn the DF to die
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What case held that it is a violation of _______ for the prosecution to exercise its ______ challenges for the purpose of excluding jurors on the account of their race
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Baston v. Kentucky
Equal Protection Clause Peremptory |
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How do you raise of prima facie case of purposeful discrimination when using peremptory challenges
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1. Show some mbrs of a group or gender have been eliminated. 2. THis exclusion was based on race or gender-- look at pattern of strikes or questions asked by prosecution
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Does at DF arguing purposeful discrimination in use of peremptory challenges have to be a mbr of the excluded group? Does it have to involve race
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No.
No. Also gender |
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How can the prosecutor rebut the prima facie case of purposeful discrimination involving peremptory challenges.
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GIve a neutral explanation
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What was Marshall's Concurrence in Baston v. Kentucky
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The test set out will not end end discrimination. Peremptory challenges should be banned altogether. Under test it is easy for prosec. to show a neutral reason, and judge won't second guess that
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What was Rehnquist dissent in Baston
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Sees no problem in using peremptory challenges to strike blacks--- as long as this is used across the board
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Jury _____ is a jury's ____ and _____ rejcection of the _____ or refusal to apply the law either b/c the jury wants to sent a message about some social issue or b/c the result dictated is contrary to jury's sense of justice
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Nullification
knowing Deliberate evidence |
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T/F Jurors are presumed to follow the instruction that they are given
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T
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One of the rules that juror are charged with is that they have to base their ___ soley on the _____
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verdict
evidence |
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According to U.S. v. ______, the _____ cannot aks into the _____ _______ during the jury deliberation
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THomas
Judge mind process |
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___ amendment gives accused the right to be confronted w/ witnesses against him
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6th
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What is one exception to the right to confront witnesses against DF found in Maryland v. ____ Policy?
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Children testifying if it would impair the child's ability to communicate. But testimony is allowed by one-way t.v. Policy- protects the physical and psychological well beign of child abuse victims outweighs DF's right
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What is the rape shield law?
When is there an exception? Give Ex. |
Prohibits admission of certain evidence of V's past relationship in rape cases.
Exception. if it would violate the DF's right to confrontation. Ex. When DF's theory that V has a motive to lie. |
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What is the main case that gives a co-DF's confession excluded?
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Bruton
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What is the Bruton Rule?
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A DF is deprived of his right under the Confrontation Clause when his coDF 's incriminating confession is introduced at their joint trial
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How does Cruz extend the Bruton rule
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A DF is deprived of his right under the Confrontation Clause when his coDF's incriminating confession is introduced at their joint trial, even if the DF's own confession is admitted against him
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What is one way to get around the Bruton rule
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Use Redacted Statements
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What is the rule regarding redacted statements (why is deleted deleted instead of DF's name not ok). What case gives this rule
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Redaction that replaces a DF's name w/ an obvious indicaion deletion does fall w/in Brutorn's protective rule. Gray v. MD
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What amendment gives the right to obtain witnesses in DF's favor
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6th
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Does right to have witnesses mean the right to require witnesses to produce documents
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Yes
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Can ct impose a saction of refusing a DF witness to testify if DF atty violates discovery procedures
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Yes-
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Under Griffin v. CA, when DF refuses to take the stand, why can't prosecutor point this out to the jury
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B/c this violates the 5th Amendment. Puts the DF' between a rock and hard place. He is being compelled to testify against himself
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If the Prosecutor calls 1/12 witness can the DF point out that they didn't call the other 11 and this can be inferred to mean they would testify otherwise
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Yes
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Is it iokay for gov. to say that the gov. has produced 10 witness and the evidence in the case is uncontradicted?
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Cts differ on this issue.
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T/F-- DF's do not have a right to an instruction that the jury should draw no inference from the failure to testify
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F
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Can the judge draw inferences about the facts of the offense when determining sentencing from the DF's refusal to testify?
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No
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What is an Allen charge?
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When jury is deadlocked, ct will give them a charge to go back and try to reach consensus
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What are the 3 outcomes of a jury deliberation
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Conviction
Hung Jury- (mistrial) Acquittal |
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What are the 3 types of jury misconduct that can cause deliberation to fail?
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1. Jury tampering
2. External influences 3. Prejudging the case |
