Chapter 12 Jury

1. Chapter 12Jury • This chapter examines • Meaning of jury of one’s peers • Selecting a jury panel • How a jury is selected • Challenging of potential jurors for cause • Peremptory challenges • Sequestering jury

2. Jury of One’s Peers • Sixth Amendment provides only for an impartial jury chosen from the judicial district in which the crime was committed. • “of his peers” from Magna Charta • Glasser v. United States—cross section of the community standard

3. Taylor v. Louisiana • Defendant may object to a jury panel that is not a true representation of a cross section of a community. • Defendant may object to the exclusion of a certain class of people from the jury panel even if the defendant is not a member of that class.

4. Juror Qualifications • U.S. citizen • Resident of judicial district for required period of time • Most states require a person to be of “ordinary intelligence” • Understand English • Many states provide that the juror not have been convicted of a felony or certain misdemeanors

5. Challenging a Perspective Juror for Cause • Common challenges for cause: • Juror has preconceived ideas regarding the guilt or innocence of defendant • Implied or actual bias • Juror will not follow the judge’s instructions

6. Death-qualified Jury • Witherspoon v. Illinois • Composed of jurors who have indicated that they are not opposed to the death penalty. • Merely indicating reservations against the death penalty is not sufficient grounds to disqualify a juror member in a capital case. • Wainright v. Witt

7. Peremptory Challenges • Each side has a limited number of peremptory challenges that may be used to remove jurors that one feels would not be favorable to his or her side. • May not be used to exclude a class of persons because of their membership in a class, e.g., all women or all members of a minority group.

8. Sequestering the Jury • To protect jury members from possible outside influence in arriving at their verdict. • Regulated by statute in most states. • If not regulated by statute, then left to the discretion of trial judge.

9. Batson v. Kentucky • Did not eliminate all use of peremptory challenges to exclude from the jury persons of a defined group. • At the request of the other party, the trial judge must hold a hearing when one party uses the peremptory challenges to exclude persons of a defined group. The party must provide satisfactory non-prejudicial reasons for excluding individuals in that class.