...Jury Selection Process Paper David L. Clay CJS/211 August 10, 2015 Johnny Cotton Jury Selection Process Paper In this paper we will discuss what the author in The Color of Justice: Race Ethnicity, and Crime in America refers to as the disparity “in the jury selection process”. In this paper we will address the processes and cases that have helped control the systematic discrimination of the court process, how the jury nullification is used in relation to diversity, as well as discussing the use of peremptory challenges to jury selection and the impact on the jury composition. In order to fully discuss these issues you must first know the definition of disparity. Disparity is defined as inequality were things are different or not equal. The disparity that is explained by the author is in reference to how African American and Mexican Americans were excluded from the process of jury selection but was found to be protected according to the Equal protection Clause in the 14th Amendment. It states that they cannot be prohibited from serving on a jury. In the beginning jury selection was geared toward white males only. The process of jury selection is usually compiled from two major sources of voter registration cards and driver’s license. One case that represents the control of the systematic discrimination is the case of the Scottsboro boys. Nine African American boys were accused of raping two white girls on a train. The boys were convicted of a capital offense. In...
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...Jury Selection Process Every American that has registered to vote or has a drivers license can at any time be called to serve on a jury. There are mixed feelings about being called for duty. Some Americans see it as a nuisance that will disrupt their lives. Others see it as an opportunity to serve their country. Being called to serve, and actually serving is two different matters. A jury is ultimately selected by the judge, prosecutor and defending attorney. How they are they picked? How are they released? Maybe this paper will answer a few of these questions. The selection of a jury is the process that occurs right before the actual trial, and after the trial initiation and the arraignment and plea. Only about 10 percent of actual arraignments see an actual trial, because 90 percent of cases that are preparing for trial end up accepting a plea bargain (Schmalleher, 2009). Any one who is accused of a crime and will stand trial is allowed by the Sixth Amendment the right to an impartial jury. For a jury to be impartial, it is not always true that they have no prior knowledge of the case at all. In the case of a highly publicized trial, it can be almost impossible to find 12 people who know nothing about the case at hand or the accused. Some jurors will be excused based on how suitable they are judged to be for the case, and some may be excused because of reasons beyond their control (Schmalleger, 2009). I have been called to serve jury duty one time in my life. At the...
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...I am thankful to have existing knowledge of the jury selection process in Madison County due to my affiliation and activity with the criminal justice system there. Brian Risinger is the Madison County District Attorney and through the years I have learned the process from him. I have also provided courtroom security through these processes and have observed them firsthand. The first thing the DA’s Office does is request a copy of the jury list from the district clerk a few days before trial. They run everyone through our local system to check for previous offenses, convictions, etc. They have several eyes comb the list to see if there are particular jurors that would not be good to have on the jury. These characteristics will vary depending on the nature of the case. For instance if they know there is someone on the jury list who was wrongfully accused of rape, they wouldn’t want them on a sexual assault trial....
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...The process of selecting a jury in the United States accords attorneys with options of excluding able jurors. An option that challenges for cause where the attorneys ought to define the reason for a challenge. This could be in the form of bias or conflict of interest. In such a case, the opposing person is given the opportunity to respond and the judge decides on the juror’s exclusion. Another option is a peremptory challenge. This option gives the attorneys the power of excluding jurors with no explanation for it. Considering that challenges for cause are unrestricted, attorneys are barred on the number of peremptory challenges. The number may go as low as 4, though 10 is the most common in felony cases. Attorneys have in the past been known to exclude jurors of undesirable potential, though they have not been as effective. Most of the efforts applied in the past were with regard to lawyers’ folklore of who can be a good juror. For instance, a jury consultant assisted in the selection of the jury in the case of O.J. Simpson. Criminologist Jo-Ellan Dimitrius made use of surveys to form his defense juror demographic who were balck women. He then assessed and judged the potential jurors’ response as based on a questionnaire and response and read their body language. Considering the several criticisms that thrown at scientific jury selection, about it allows lawyers stack juries and destroys the influence brought about by money...
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...Jury Trial Analysis Alex G Neville CJA/364 11/30/2014 Jonathan Sperling Jury Trial Analysis The process of the courtroom trial serves as the backbone of the criminal justice system. With its various processes and integral steps to ensure that justice is carried out and the truth is finally founded in an open courtroom. It is also pivotal to the maintenance of the order and structure of not only the criminal justice system, but society itself. Opening Statements Opening statements are an introductory statement made by attorneys for each side at the start of a trial. The statement while not mandatory is seldom waived, due to its invaluable opportunity to provide an overview of the case to the jury and to explain the anticipated proof that will be presented during the trial. It is also an excellent opportunity to also gain a foothold within the jury to either establish the defendant’s guilt or innocence, or to establish reasonable doubt within the minds of the jury. Presentation of the Case Witness Examination is the process the immediately follows the opening statement. The prosecutor begins examination of their witnesses. This is the prosecutor’s, initial step in attempting to prove its case. The amount of time during this process varies greatly. During this the prosecution can introduce evidence from the crime scene. Following the prosecutions examination of its witnesses, the defense has the opportunity to cross examine or question the same witness. The...
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...Ethnicity and the Courts Tina Martin-Fleming CJA/344 August 28, 2014 Thomas Bullock Jury Nullification is the process that allows members of the juror to acquit a defendant for crimes they do not feel is grounds for punishment. Although, many jurors may not know this is an option to many cases, it is still an option. If citizens use this option in many of the courtroom proceedings, there will be fewer people who are serving time in prison. On the other hand, this does interfere with the decision- making process. This paper will explain whether ethnicity influences courtroom proceedings and judicial practices. It will summarize the arguments for and against ethnicity-based jury nullification. Including contemporary examples of ethnicity-based jury nullification and my position for or against ethnicity based jury nullification and the defense of that decision. Explain whether Ethnicity Influences Courtroom proceedings and Judicial Practices In today’s society ethnicity does have an effect on courtroom proceedings and judicial practices. Crime has increased significantly over the years particularly in poverty stricken areas that are more likely to have a higher rate of crime than those other areas. This issue has raised many concerns of this criminal behavior. Racial issue still and will always be an issue with the court system as long as we as a people keep it in existence. To eliminate these barriers would be to educate the police and all persons who are seeking Criminal...
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...When summoned for jury service, jurors appear for the length of one trial or one day. The majority of jurors complete their service in one day.At this particular visit to the Orange County Courthouse, I was selected for jury duty. In order to report for jury duty, potential jurors such as me had to arrive at the courthouse for check-in at 8:00 am. At that time all jurors are screened via metal detectors and asked to proceed to the jury assembly room. Upon entering the jury assembly room, the juror check-in process was occurring. Later on all the potential jurors for the day had been seated, and welcomed. A clerk of the court explained in detail and gave a briefing on what the day would consist of. In Orange County, jurors are assigned a number of which, when a judge is ready to hear a case on the docket and a jury is needed he would at that time request for a jury pool, he will then alert the clerk to pick a pool of numbers-which is done through a lottery system. A lottery of numbers (12) is selected. Those twelve individuals are then walked up to the courtroom for that particular judge, were further jury selection will take place. Going forward, my juror number was selected in the lottery pool, and was then taken to the courtroom. It was then at that time the pool of potential jurors were seated according to our numbers, and given a set of instructions from the judge. As a brief, he touched bases on the case which was at hand-DUI and what the pool of jurors could expect from...
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...Assignment 5 A- The Juries act of 1974 (amended by the criminal justice and courts act 2015) lays down the following rules in order for a candidate to qualify to become a juror; the candidate must be aged between 18-75, be on the electoral roll and must have lived in the UK for at least 5 years from age 13. The criminal justice act of 2003 broadened the boundaries of who can become a juror, since this act was initiated police, judges, doctors are now also expected to sit as a juror even though they were once excused from the service. However, you can still be excused from jury duty for exceptional purposes, e.g. if you have an exam, if you are pregnant, if you are ill or on holiday. If you are excused, your date will postponed to another time. There are some people that are completely excluded from jury duty, for example; the mentally ill, people in active service (Soldiers in Afghanistan etc.), if you served longer than 5 years in prison or if you are serving a community order most of these exceptions are highly understandable- for example; the mentally ill. This isn’t a completely limiting factor I.e. if the juror had depression and is being treated with medication and is perfectly able to think straight then there is no reason that they cannot be discriminated against. However, if the mental illness is more extreme such as bipolar or Schizophrenia the court will not accept them to sit on the jury. This would only be fair as the juror would not have a clear mental understanding...
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...racial diversity remains strong in sentencing minorities. Diversity is not biased of offenses. Racial diversity can be seen in the smallest of charges, such as a traffic stop to the most serious sentence of the death penalty. Most of the sentences are because profiling an individual of minority. African Americans are likely to be the targeted racial group. Hispanic individuals are likely to be another racial group profiled for harsher sentencing. Racial disparity in the criminal justice system should always be considered a violation of ideas of the forefather’s of this nation as equal treatment under the laws of the United States Constitution. Many reasons for racial disparity can be identified in the sentencing process. The sentencing process is a difficult process, and adding racial bias may create a simpler way for criminal justice leaders to sentence an offender or make the sentence more difficult to decide. Racial discrimination is a large part of the United States history. Citizens of the United States have witnessed cruel and historic racial discrimination in epic proportions in the past. As time has gone on racial discrimination has seemed to change in society, but the discrimination...
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...violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. * Protects against unreasonable search and seizure Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. * Rights of people accused of crimes * No double jeopardy * Right to remain silent * Notice and opportunity to be heard Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have...
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...proof in the criminal justice system proves otherwise. According to statistics of Marc Mauer, “unprecedented rise in the populations of prisons over the past three decades is a six fold increase, resulting in the incarceration of nearly two million Americans.” The breakdown of statistics is as follows: “One in every eight African-American male groups between 25-34 year old is a result of incarceration and 32% of African-American males born to society can expect to spend a term in a federal or state prison if the current racial disparity continues” (Mauer, 2004, p. 79). Four reasons of Racial Disparity The four reasons for the flourishing continuance of racial disparity in the criminal justice sentencing process are ineffective assistance of procedural bars, and council, jury selection and venue, prosecutorial discretion, and juror racism (Tabak, 1999, p. 6). Research documenting states like New York and California prosecutions have board spectrums concerning discretion seeking capital punishment; however, these four reasons apply to cases, which capital punishment is sought. “Capital punishment can be sought for intentional murders which individual may commit during the course of a felony and the intent to commit murder can be formed instantaneously before the killing without premeditation” (Tabak, 1999, p. 6.) Ineffective assistance of procedural bars and counsel is a reason for the existence of racial disparity because “proving the ineffectiveness of procedural bars and...
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...cast of “Twelve Angry Men” (Lumet, 1957) were a group or a team. One could, and we will, cite definitions and descriptions from the literature to justify one conclusion or the other. The questions that are more interesting to us, and that constitute the thesis of this paper, are these: Were the jurors an effective group (or team)? And what factors contributed to group effectiveness? Schwarz (2002) has proposed a Group Effectiveness Model that provides facilitators who work with dysfunctional groups a road map, a way to identify where groups have gone wrong. Schwarz identifies three criteria for judging group success: performance, personal and process. If what the group produces meets or exceeds expectations (performance); if group members grow and develop through the group experience (personal) and if the group learns to work together (process), then the group has experienced some success. In addition, Schwarz identifies elements that are essential to the group work itself. These are group context,...
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...Jury Trial Analysis Paper Joy Tejeda University of Phoenix Criminal Procedure CJA/364 Albert Cobos February 29, 2012 Jury Trial Analysis Paper Jurors have a big responsibility in a criminal trial. They make the final decision whether to charge an individual guilty of a crime. Jurors must remain open-minded and free of bias while they observe any evidence during trial. Because having an unbiased jury is critical to having a fair trial, the defendant has the right to have a jury pool that consists of a fair range of the community. A jury pool, or venire, is a collection of potential jurors assembled together for jury duty ("Lawyers.com", 2011). The jurors are chosen from the jury pool for the upcoming criminal trial. When assembling a jury pool they cannot exclude someone based on their religion, race or sex. A jury pool is selected randomly from all possible jurors. The key source for selecting potential jurors comes from voter registration lists. Although the outcome of choosing from this list may not result in a fair cross-section of the community potential jurors can also be chosen by other list, such as tax rolls, licensed driver lists, phone books or city directories. Not everyone who is mailed a summons has to report for jury duty. There are some who may be excused, exempt or disqualified. If jury duty proves to be an extreme hardship or inconvenience, it is possible you will be excused. Other reasons for being excused may be they are over the age of 70 or is an...
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...discuss how due process operates, in the criminal justice system. We will take an in depth look into how the due process effects the criminal justice system. However, in order for anyone to understand due process in the criminal justice, one must first know the meaning of due process. The most commonly used form of sentencing is probation, meaning the suspect is set free but under supervision of a probation officer. Define due process and its origins. According to Black’s Law Dictionary: "Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of converting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black’s Law Dictionary, 6th Edition, page 500. Due process is a very complex subject to try to explain and define to where it is understood. In all its complexity due process just simply means that it holds the government subservient to the land of the law. Due process originated from the Magna Carta (1215), which were the Great Charter of English liberties where the nobles limited the King’s authority. The phrase “law of the land” then transformed over time to what is now known as “due process of law (Sargentich...
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...POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)...........................................6 STATEMENT OF FACTS In today’s America most people believe we have evolved to see past race. They claim the hateful rhetoric and antiquated prejudices that plagued previous generations is gone. Some...
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