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55 Cards in this Set

  • Front
  • Back
What amendment gives the DF a right to trial by an impartial jury
Patrick Henry explanation of why jury is important: B/c it ____ the ___ of oppression from cutting you long as I have ___, my _____ will protect me
____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
Duncan v. Lousiana
6 months
What did Justice Harlan in Duncan v. Lousiana regarding petty offenses vs. nonn-petty
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
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
no. Ct will not aggregate offenses
Under what rule may a DF waive his right to jury trial? Who's approval and consent is needed
The court and prosecutor
Do juries have to consist of 12 persons?
T/F- SC has upheld 6 person juries in non-capital cases
T/F SC has upheld 5 person juries
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
What is the Fair Cross-Section Requirement? Does it apply to the actual jury?
Venire from which petit juries are selected must represent a fair corss section of the community

How do you show a prima facie case of a violation of the fair-cross section requirement. 3 things. Give example
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.
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?
Attainder of the fair cross section is incompatible with a significant state interest
What was Rhenquists dissent in Taylor v. LA regarding exemptions for doctors but not women from the venire
Both offer distinct qualities-- Regardless of who is chosen-- the same evidence is heard and result should be the same
What if a venire results in 100 pot'l jurors who are all men. Does this mean violation of the 6th amendments
Mayeb-- if there is a systemic problem
What are two ways jurors can be stricken from service?
1. For cause challenge
2. Peremptory challenge
What is a for-cause challenge and how many are each sides given
Pot'l juror can be stricken b/c they cannot be impartial-- they have some biase. ATtys get unlimited # of for-cause challenges
What is a peremptory challenge? How many are given to each side?
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
When can/should questions be asked about racial biased
In circumstances in which the risk of racial prejudice is so great
Why did U.S. v. Barber not allow racial inquiry when an interracial couple was on trial
The fail to establish a reasonable probability that racial prejudice might influence the jury
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 ______
What is the process in which either the judge or both sides' lawyers question the pot'l jurors to eliminate some?
Voir dire
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
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?
That that juror individually posses views that would justify dismissal
If someone doesn't believe in the death penalty can they be excused? If so, what will they be called
Maybe-- if that means they cannot be impartial. Witherspoon excludables
If a Witherspoon excludable can be imparitial in a death sentence case why can't they be excluded
b/c then the jury would be made up of only people willing to condemn the DF to die
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
Baston v. Kentucky
Equal Protection Clause
How do you raise of prima facie case of purposeful discrimination when using peremptory challenges
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
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
No. Also gender
How can the prosecutor rebut the prima facie case of purposeful discrimination involving peremptory challenges.
GIve a neutral explanation
What was Marshall's Concurrence in Baston v. Kentucky
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
What was Rehnquist dissent in Baston
Sees no problem in using peremptory challenges to strike blacks--- as long as this is used across the board
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
T/F Jurors are presumed to follow the instruction that they are given
One of the rules that juror are charged with is that they have to base their ___ soley on the _____
According to U.S. v. ______, the _____ cannot aks into the _____ _______ during the jury deliberation
mind process
___ amendment gives accused the right to be confronted w/ witnesses against him
What is one exception to the right to confront witnesses against DF found in Maryland v. ____ Policy?
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
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.
What is the main case that gives a co-DF's confession excluded?
What is the Bruton Rule?
A DF is deprived of his right under the Confrontation Clause when his coDF 's incriminating confession is introduced at their joint trial
How does Cruz extend the Bruton rule
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
What is one way to get around the Bruton rule
Use Redacted Statements
What is the rule regarding redacted statements (why is deleted deleted instead of DF's name not ok). What case gives this rule
Redaction that replaces a DF's name w/ an obvious indicaion deletion does fall w/in Brutorn's protective rule. Gray v. MD
What amendment gives the right to obtain witnesses in DF's favor
Does right to have witnesses mean the right to require witnesses to produce documents
Can ct impose a saction of refusing a DF witness to testify if DF atty violates discovery procedures
Under Griffin v. CA, when DF refuses to take the stand, why can't prosecutor point this out to the jury
B/c this violates the 5th Amendment. Puts the DF' between a rock and hard place. He is being compelled to testify against himself
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
Is it iokay for gov. to say that the gov. has produced 10 witness and the evidence in the case is uncontradicted?
Cts differ on this issue.
T/F-- DF's do not have a right to an instruction that the jury should draw no inference from the failure to testify
Can the judge draw inferences about the facts of the offense when determining sentencing from the DF's refusal to testify?
What is an Allen charge?
When jury is deadlocked, ct will give them a charge to go back and try to reach consensus
What are the 3 outcomes of a jury deliberation
Hung Jury- (mistrial)
What are the 3 types of jury misconduct that can cause deliberation to fail?
1. Jury tampering
2. External influences
3. Prejudging the case