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CHAPTER SIX

CHAPTER SIX. JURORS, WITNESSES, AND OTHERS IN THE JUDICIAL PROCESS. Right to a Jury Trial. Guaranteed by the 6 th Amendment Applicable to the states ( Duncan v. Louisiana ) Applies only to criminal cases Does not apply to petty misdemeanor cases

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CHAPTER SIX

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  1. CHAPTER SIX JURORS, WITNESSES, AND OTHERS IN THE JUDICIAL PROCESS

  2. Right to a Jury Trial • Guaranteed by the 6th Amendment • Applicable to the states (Duncan v. Louisiana) • Applies only to criminal cases • Does not apply to petty misdemeanor cases • Purpose is to protect defendants from the exercise of arbitrary power

  3. Jurors and Jury Service • Few cases use petit (trial) juries • Attitudes about jury service • Honor and civic obligation • Hassle and disruption of schedules • Requirements • Age of majority • U.S. Citizenship • Speak, read, and understand English • Reasons for disqualification • Conviction of a felony • Conviction of a crime of moral turpitude • Professional exemption

  4. Jury Selection • Jury of the defendant’s peers • Individuals qualified for jury service • May not resemble the defendant • Groups of potential jurors (venire) are contacted • List created using master lists or master wheels • Methods • Voter registration • Registered drivers • Tax rolls • City/county directories • Motor vehicle registration • Telephone directories • Utility customers

  5. Jury Selection • List Assembly • County Court Clerks • Jury Commissioners • Jury Service Frequency varies by state • Once a year (14 states) • Once every 2 years (14 states) • Once every 3 years (10 states) • Once every 4 years (2 states) • Others are determined by whether a person is seated and the number of trial days

  6. Excusals at the Time of Trial • A jury is selected from 36-48 potential jurors • Potential jurors are questioned (voir dire) • Background • Case knowledge • Juror exclusions • Challenge for cause • Prejudice regarding the case • Prejudgment of the case • Peremptory challenge • Available to each attorney in limited number • No reason needs to be given • Cannot be used in a discriminatory way • Exclusions usually result in a neutral jury

  7. Juror Duties • Listen to evidence • Decide what the truth is • Decide the facts in a case • Cannot take notes • Social media has become an issue • Judge gives instructions to jury • Jury Deliberations • Election of a foreperson to preside over deliberations • Preliminary vote • Deliver a verdict

  8. Jury Size • Traditionally 12 people • Smaller juries may be used in some instances • Save time and money • May not be truly representative

  9. Jury Unanimity • Traditionally, verdicts must be unanimous • Not required in all instances • Verdict must be unanimous in a death penalty case • Hung jury (unable to reach a unanimous verdict) • Charges dismissed, or • Case is retried

  10. Lay Witnesses • Eyewitnesses • Personal knowledge or observation • Can testify to anything perceived through the physical senses • Sight • Hearing • Smell • Touch • Taste • Most common type of witness • Reasons for testimony • Civic duty • Court requirement

  11. Expert Witnesses • Testify regarding professional opinion • Expertise must be established and qualified by the judge • Work experience • Educational background • Professional consultation • Research • Paid for their time and expertise • Attorneys may depose the witness prior to trial

  12. Bailiffs • Courthouse security has increased nationwide • Threats to various legal professionals • Duties of bailiff • Security and order in courtroom • Secure entrances and courtrooms • Screen visitors • Announce judge’s entry into courtroom • Call courtroom to order • Escort jury members • Supervise sequestered juries • Monitor public areas

  13. Court Clerks and Administrators • Scheduling • Set court docket • Schedule court reporters • Produce and distribute trial transcript • Manage records • Collect fees and fines

  14. Pound’s Principles of Court Reform • Court Unification • Judicial Superintendents • Administrative Personnel • Policy Research

  15. Administrative Personnel • Exercise control over daily court operations • Emerged as a profession in the 1970s • Responsibilities • Budgeting • Personnel Administration • Jury Management • Case Scheduling • Administrative Office of Courts • Administrators are appointed by the chief judge • Represented by the National Association for Court Management

  16. Other Courtroom Personnel • Court Reporters • Maintain verbatim transcripts of all court proceedings • Important for appeals • Court reporting has become scientific • Interpreters • Foreign languages • American Sign Language

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