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Jury Trials. Right to Trial by Jury?. 6 th Amendment guarantees jury trial in criminal cases Exception: Minor cases- jail time less than 6 months Most cases never get to a jury Plea bargains! OR Defendants wave right for a bench trial (judge only). Jury Duty!.
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Right to Trial by Jury? • 6th Amendment guarantees jury trial in criminal cases • Exception: Minor cases- jail time less than 6 months • Most cases never get to a jury • Plea bargains! OR • Defendants wave right for a bench trial (judge only)
Jury Duty! • Potential jurors selected from voter registration, tax lists, DMV records • Juries should be representative of the community (income, race, gender, age, etc) • Juries for criminal court most often 12 people
Fancy Lawyer Stuff • Voir Dire: screening process when potential jurors are questioned by lawyers to try to get the “best” jury • Peremptory challenges: a limited number of times a lawyer may ask to have a potential juror dismissed without reason • Prosecutor cannot show racial bias
I have the Power!! • Jury Nullification: If a jury disregards a law they collectively agree to be unfair and refuse to convict the defendant • EX: Refusing to convict someone arrested for marijuana who uses for medicinal reason • Rare Occurrences, but important precedents
Important Rights to Remember • Speedy and Public Trial • Right to Confront Witnesses (Defendant) • Freedom from Self-Incrimination • Right to an Attorney • Right to Appeal (Defendant)