...Jury Selection, Trials and Constitutional Rights The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential jurors are included in the case or eliminated from the jury. Potential jurors are required to answer a series of questions concerning their personal bias regarding the case. The series of questions help determine if any of the potential jurors have had previous exposure to the context of the case, or a personal connection to the actual trial. If a lawyer can conclude based on the questioning, that the juror may be biased, they have the ability to challenge their position on the jury. Voir dire will be further examined in order to discuss how an unbiased jury is prepared for a trial. The following step once the jury is selected is the opening statements. The prosecution and the defense each have an opportunity to present their case to the jury. Although, no...
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...saw many innocent persons suffering sentences that were not theirs to serve. Under the Bills of Rights in the United States Constitution, the 7th Amendment gives citizens the right to trial by a jury. Though similar to the provisions of the 6th Amendment, the 7th Amendment has to do with jury trials for common law suits. It states "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of common law."...
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...Jury Trial Analysis Paper University of Phoenix CJA/364 Criminal Procedure MU11BCJ05 Jury Trial Analysis The modern jury has evolved since about 1700 into a complex process involving a number of distinct steps (Zalman, 2008). Since the evolution of jury trials, the main goal is to form a jury panel, provide them with all the facts of the case, and decide a verdict. Each step that makes up the jury trial is unique within itself. It is unique because there is a starting point, finishing point, and steps in between. Every step is crucial and there is no room for error. The writer is going to discuss all of these steps in detail, and will also provide in depth analysis of constitutional trial rights enacted during a trial. One of the most important steps in a jury trial is jury selection. “First, the court or a jury commission creates a master jury list of all eligible jurors, using methods that produce a statistically accurate cross-section of the community” (Zalman, 2008. p. 544). Upon omission on the master jury list, each individual in the jury pool goes through a set of questions that will decide who qualifies, also known as voir dire. “The process of voir dire allows the judge, attorneys, or both to question jurors to determine whether they are biased” (Zalman, 2008. p. 544). Once the jury is selected, the court process begins with an opening statement that outlines the main points of the case. The lawyers often try to make good first impressions on jurors...
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...S. Supreme Court | Procedural History | District Court held that a jury trial was neither authorized by Title VIII nor required by the Seventh Amendment and denied the jury request. The Court of Appeals reversed on the jury trial issue. The Court concluded essentially that the Seventh Amendment gave respondents the right to a jury trial in this action, and therefore interpreted the statute to authorize jury trial so as to eliminate any question of its constitutionality. | Short Facts | Petitioner, an African American woman, brought a civil action suit against respondents for refusing to rent an apartment to petitioner based on her race. Petitioner contends that respondents’ action constituted a violation of§ 812 of Title VIII. The complaint sought only injunctive relief and punitive damages. A claim for compensatory damages was later added. Respondents filed a demand for a jury trial, which the district court denied. The court of appeals reversed the decision based on the jury trial issue. | Issues | Whether the Civil Rights Act of 1968 or the Seventh Amendment requires a jury trial upon demand of one of the parties in an action for damages and injunctive relief? | Holdings | Yes. The Seventh Amendment entitles either party to demand a jury trial in an action for damages in federal court under the Civil Rights Act of 1968. The right to a jury trial applies to actions enforcing statutory rights. Further, the traditional relief sought is the traditional form offered...
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...Individual Jury Trial Analysis Brad Phillips October 16, 2013 In the United States criminal justice system, there is a process that must be followed in order to not only charge a person with an offense or crime but also in order to submit that person to a criminal court trial. When an individual is charged with a crime there are steps that a law enforcement officer must take in order to make a legal arrest but the process does not end at that point as there is also significant steps that must be taken before a jury trial begins. Each of these steps is significant and vital to the criminal justice system as they each protect against corruption, abuse and violation of individual rights. After examining each step on its own merit it is much easier to observe how each of these steps plays its role apart and in relation to the other steps in the process. The first step in the jury trial process is the act of initiating a trial. This is the step in the process wherein a hearing is held to determine the specifics of the trial. The judge will determine if the defendant is competent to stand trial and also rule on any pretrial motions that have been made. In addition, if the trial is taking place in a state that has Grand Jury requirements, it is during this phase that the Grand Jury meets to decide on evidence and if there is sufficient justification for the trial to continue. The second step in a jury trial is the selection of the jurors. This is not always the next...
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...Introduction “Trial by jury is… the lamp that shows that freedom lives” and that “each jury is a little parliament”. - Patrick (later Lord) Devlin. Jury system has survived in our country for almost 10 centuries. The core values, representativeness, resides in the ability made available for ordinary citizens to plays an important participatory role in the criminal process. It is generally accepted that the jury of ’12 good men and true’ lies at the heart of the British legal system. However, the misconduct in jury has become a vital issue as people starting to lose confidence with it. The importance of jury system Redmayne, a professor of law, said that it is arguably that twelve randomly selected individuals produce a broader range of experience and expertise than one single judge. Based on this, it is also arguable that jury trial will produce a fairer outcome than single judge as people cannot completely sure that judges will treat every single cases at a completely fair manner. ‘Fairness’ is what all the people demand, which is why we have jury trial and which survive for such a long time, but the precondition of jury trial is that it must provide an impartial trial. Jury trial holds public confidence as people assume that jury trial will bring a fair procedures and will produce fair outcomes. ‘Trust in the jury’ is very important as it is the strongest support that keep the jury system works and which is secured by the fact that it applies...
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...Jury Trial Analysis Jaynice Harden March 16, 2015 CJA/364 Criminal Procedure Shane Krauser Jury Trial Analysis In today’s society, there are many people who know what a jury trial is and what is expected in the process of a jury trial. They may also know why the process is important and very necessary as it protects the citizens of the United States. The part that some people may not know about is the process that is taken during the pre-trial phase. Any and every individual that has been accused of wrong doing have the right to a fair trial. In addition, everyone has the right to an attorney to help then fight and understand the legal side of the defense. A jury trial can consists of 12 adjudicators which as selected at random that will take all information into consideration and decide upon the facts of the civil or criminal case. Criminal cases are more serious than civil cases. “In this case, serious offense refers to offense carrying a punishment of over six months (Gaines & Miller,2011). A jury trial consists of six steps that must be followed in order to ensure a fair trial. The prosecution as well as the defense is very needing of these steps in the criminal justice system. If it should happen to be a violent crime then a fair and impartial jury would have to be the ones to give the prosecution the verdict. However, if it turns out that the accused is not guilty then the accused have the right to due process and a fair trial. A jury trial is very important...
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...the right to an impartial jury, our United States Constitution guarantees it. Without this right someone could go to jail or be convicted of a crime they did not commit for the simple fact that the judge has all the power in their hands. Race, gender and religious beliefs could cloud their judgement. An impartial jury gives you the right to a fair trial. When the king deprived us from our natural rights, the Declaration of Independence recognized the importance of the right. In all criminal prosecutions, the accused shall enjoy a 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. Some words that may need to be defined are impartial; a jury that is not bias and will give a fair verdict based on fact and ascertained means to find out for certain. Criminal prosecution is the conduct of legal proceedings against a defendant for criminal behavior. The right to an impartial jury is important to our freedoms because it allows the trial to go on with unbiased opinions about the particular situation. An impartial jury should not be related to the victim nor the accused. They should have no background knowledge and put their personal opinions aside, that is what makes it fair....
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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...1-page outline on the best way to format and present the federal criminal pretrial process, which includes jury selection, evidence and jury instructions. Please provide examples in your outline of your recommended format for presenting the process. •A 1-page draft of how to present the processing requirements and the mandated pretrial measures required by law While many citizens think the real action in the criminal courts happens during trials, they are wrong in that assessment. Ninety percent of criminal cases are disposed of by guilty pleas rather than trials. Most of those guilty pleas are the result of agreements between prosecutors and defense attorneys. Plea bargaining is a process in which a prosecutor makes a concession to a defendant (for example, reducing charges or recommending a lighter sentence) in exchange for the defendant's pleading guilty. Even cases that go to trial are sometimes decided before the trial begins. Some experts think that the O.J. Simpson case, for example, was won outside the courtroom through early forensic work by experts and through a legal strategy that forced the prosecution to present its evidence at a preliminary hearing rather than a grand jury proceeding. In the landmark case Gideon v. Wainwright (1963), the U.S. Supreme Court held that the Sixth Amendment guarantees access to qualified counsel, which is fundamental to a fair trial. Gideon was entitled to a retrial because Florida failed to provide him with an attorney. After this decision...
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...There are two types of court cases in the United States of America, federal and state. The Seventh Amendment states that it is mandatory to have a civil jury only in federal courts. The U.S. Supreme Court is required to protect every right in the Bill of Rights, such as the right to criminal jury trial, but the court is not needed to hold a civil trial jury. The Seventh Amendment contains two clauses, which is “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.” This decides whether the use of civil trial is necessary or not. The second clause is“no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.” This clause states that the federal judges cannot reserve the jury in any way. This amendment is needed in order to separate small issues from larger ones and save time. A jury trial is only allowed if the case is worth more than twenty dollars, about five hundred dollars in today’s money. If every court issue was allowed a trial, all of the important cases would be pushed back and it would be a waste of time and energy. For example, a case where someone stole a computer would not be allowed a trial because it is worth less than twenty dollars. On the other hand, a homicide case would definitely be allowed because it...
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...Due Process June 20, 2011 Due Process Due Process, the fundamental of principles of fairness of legal matters, includes that of civil and criminal with court. Legal proceedings are set by law and court practices, this shall include the rights of a defendant must be adhered to by everyone so that there will be no prejudicial or unfairness or poor treatment is shown toward each party. (Hill, 2005) Some terms are guarded by its aim to protect private and public rights against unfairness. Due process of legal laws is found within the Fifth and Fourteenth Amendments of the Constitution of the United States. No person is to be deprived of life liberty, or property without due process of law. According to (United States Constitution Bill of Rights) 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. (Hill, 2005) due processes have two categories substantive and procedural due process. Substantive due process refers to the lamination of the matter...
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...Crime Committed Police Notified Police Investigate Investigation may include interviewing victim, witnesses, suspects; collecting physical evidence; visiting, viewing, photographing, measuring crime scene; identifying suspects; through line-ups ... etc. Bifurcated Court System District court is where all misdemeanor offenses are handled and where the preliminary hearing for felony charges are held. Circuit court is exclusively for felony charges and any misdemeanors associated with the felony before the court. Felony charges may originate in district court before coming to circuit court through a waiver or referral of the charges to the Jefferson County Grand Jury. Felony charges can also be brought to circuit court by two other methods: direct submission and by information. Police Make an Arrest When a crime is committed in a police officer's presence --- or he has probable cause to believe that certain misdemeanors or any felony was committed that he did not see happen --- an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the Jefferson District Court and an Assistant Jefferson County Attorney will review the charges to make additions or corrections. Warrant/Charging Request Reviewed by Prosecuting Attorney (District Court - Misdemeanor Level) Most cases begin with a warrant request. This is generally the first time that the prosecuting attorney is involved in a case, unless he or...
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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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...Street Law for Youth Courts © 2006 A JURY OF YOUR PEERS: WHAT IS THE ROLE OF DIVERSITY IN JURIES? OUTCOMES As a result of this lesson, students will be able to: Identify the skills, experiences and values essential for ideal jurors Explain the popular concept of “a jury of your peers” and describe its application in youth courts and adult courts Define diversity and discuss the benefits of a diverse jury Define terms such as: grand jury, petit jury, summons, jury pool, jury venire, voir dire, removal for cause, peremptory challenge Describe the right to a jury given by the United States Constitution Explain why the jury system is important in a democracy, especially in a pluralistic society MATERIALS NEEDED Chalkboard and chalk or flipchart paper and markers (Optional) Several samples of help wanted advertisements. The ads should describe the type of candidate the employer is seeking. The particular job does not matter. HANDOUTS 1 Help Wanted (enough for each student) 2 The Rights to Juries According to the U.S. Constitution (enough for each student) 3 How Are Petit Juries Selected? (enough for each student, plus an extra copy) 4 Options for More Diverse Juries (enough for each student) 5 News Flash! (enough for each student) A Jury Of Your Peers 91 Street Law for Youth Courts ©2006 TRANSPARENCY OR POSTER (Optional) Strauder v. West Virginia PREPARING TO TEACH THIS LESSON Prepare the materials listed above. Write up and post the outcomes of the lesson. Write...
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